If your landlord won't fix something

Last verified against Utah Code §57-22-6: October 2026. Laws change, so confirm the current text before you act.

Utah's Fit Premises Act gives you a specific process for forcing repairs. It only works if you follow it exactly. Skip a step and you can lose your remedy.

Fixing it vs. getting paid

This page is for getting a problem fixed or getting out of your lease. It runs on a written notice, and you don't need a court to start. If what you want is money, such as a deposit refund, unlawful charges, or the cost of repairs you paid for, that's a different process: filing in small claims court. Small claims can only award money. It can't order your landlord to make a repair.

Don't just stop paying rent

The Act gives you two specific remedies, and withholding rent on your own isn't one of them. Doing it can get you evicted for nonpayment, even if the landlord is the one in the wrong. Use the process below instead.

Does your problem qualify?

The law covers a "deficient condition," which is a condition that violates a habitability standard or a requirement of your lease. It does not cover problems caused by you, your family, or your guests, or by a use of the unit that violates your lease or the law.

You also have to be meeting your own duties under the Act, including keeping the unit clean and sanitary and following your lease. If you aren't, you aren't entitled to either remedy.

Is it dangerous right now?

If the problem poses a substantial risk of imminent loss of life or significant physical harm, tell your landlord by any reasonable means, such as a phone call or text. They must begin fixing it within 24 hours and keep working until it's done.

That quick notice does not count as formal notice. If you want repair-and-deduct or abatement available, you still need to serve the formal written notice described below.

Step 1: Choose your remedy now

You have to pick your remedy in the notice itself, before you know whether your landlord will respond. If you later go to court, the court can only enforce the remedy you named.

Repair and deduct: fix it yourself

If your landlord doesn't act, you arrange the repair and deduct what you paid from future rent, up to two months' rent. Keep every receipt, and give your landlord copies within 5 calendar days after the start of the next rental period.

Rent abatement: end the lease and leave

If your landlord doesn't act, your rent is abated as of the date of your notice and the lease ends. Your landlord must immediately refund your entire security deposit and any prepaid rent (prorated). You must move out within 10 calendar days after the corrective period expires.

Step 2: Write the notice

Your written notice must:

Describe each condition that needs fixing
State that the landlord has the corrective period to fix it, in number of days (3 for habitability problems, 10 for things your lease promises)
State the remedy you've chosen if they don't take substantial action in time
Give the landlord permission to enter and make the repair
Be served the way your lease allows, or as Utah Code §78B-6-805 provides

Here's a sample built from those requirements. Adapt it to your situation:

[Date] To: [Landlord or property manager name and address, as listed in your lease] From: [Your name], [Rental address] This is a notice of deficient condition under Utah Code Section 57-22-6. Condition(s) needing correction: [Describe each problem: what it is, where it is, and when it started.] Corrective period: You have [3 calendar days / 10 calendar days] from receipt of this notice to correct each condition. Remedy: If you do not take substantial action toward correcting each condition within the corrective period, I choose the following remedy: [REPAIR AND DEDUCT / RENT ABATEMENT]. Permission to enter: You have my permission to enter the unit to make corrective repairs. [Your signature] [Your phone number and email]

If you're listing problems with different deadlines, state the right number of days next to each one.

Prefer a ready-made form? Utah Legal Services and the Utah Courts publish a Notice of Deficient Conditions form. Compare it with the requirements above before you use it. For free legal help, see our resources page.

Step 3: Serve it and keep proof

Check your lease for how notices must be delivered, and follow it. Keep a copy of the notice, and record the date and method of delivery. Take dated photos of the problem. If this ever reaches a judge, your paper trail is your case.

Step 4: Wait out the corrective period

Your landlord doesn't have to finish the repair within the corrective period. They have to take substantial action toward correcting it. If they do, you generally can't use your remedy yet.

Step 5: If they didn't act, use your remedy

Carry out the remedy you named in your notice, and follow its rules: keep the receipts and deliver copies on time for repair-and-deduct, or move out on time for abatement.

The landlord has another option

If the unit isn't fit to live in, your landlord can choose not to fix it and end the lease instead. They must tell you in writing by the end of the corrective period, refund your prepaid rent and deposit within 10 calendar days, and can't make you leave sooner than 10 calendar days after notifying you.

Step 6: If it ends up in court

After the corrective period expires, you can bring an action in court to enforce the remedy you chose. The court must order your landlord to appear and defend within three business days. If the court finds your landlord unjustifiably refused to fix the problem or didn't use due diligence, you can recover damages on top of your remedy.

Two things to know before you file. The court may award costs and attorney fees to whoever wins, so the risk runs both ways. And if your landlord disputes that the condition violates your lease, they can file a counterclaim. This is a good point to get legal advice.

Which court and which forms fit depends on what you're asking for. The court's Self-Help Center can point you in the right direction.

Your unit also has to meet local ordinances and health board rules, so your city or county code enforcement or health department may be able to help alongside this process.

Owed money? That's a different path

Small claims court only awards money, so it fits the money side of a repair dispute. Examples are a refund your landlord owes after rent abatement, or the cost of a repair you paid for. See how to file a small claims case in Utah, including the risks of losing.

Be careful if your landlord says you owe rent

If your landlord claims you owe rent because of a repair deduction you took, that disagreement can follow you into court. In a small claims case, your landlord can sue you back (a counterclaim) for money they say you owe, and unpaid rent can also lead to an eviction notice. Under the Fit Premises Act, you can also lose your repair remedies if you aren't meeting your own duties as a renter. Get legal advice before you file anything.

This page summarizes Utah law for informational purposes and is not legal advice. The sample notice is a starting point, not a legal form. For advice on your situation, consult a licensed Utah attorney.