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State Law Guide

Utah Late Rent Fee Laws: Limits, Grace Periods, and Penalties

What Utah landlords can charge when rent is late, how long they must wait, and what an illegal fee costs. Last reviewed 2026-08-16.

Max Late Fee
Greater of 10% of rent or $75
Grace Period
None
Must Be In Lease
Yes
If You Overcharge
Fee unenforceable; overcharge recoverable

How much can a landlord charge in Utah?

Utah Code § 57-22-4(5)(a) prohibits an owner from charging a late fee that exceeds the greater of 10 percent of the rent agreed to in the rental agreement or $75. On $1,500 rent the ceiling is $150; on $600 rent the ceiling is $75 because the flat figure is higher than 10 percent. This is a hard statutory ceiling, not a presumption of reasonableness, so a fee above it is unenforceable no matter what the lease says. Utah courts also decline to enforce open-ended daily late fees that accumulate past the statutory ceiling.

How late does rent have to be?

Utah has no statutory grace period. If the rental agreement makes rent due on the 1st, it is late on the 2nd and a late fee may be assessed then. The three-day pay-or-vacate notice under Utah Code § 78B-6-802 is an eviction prerequisite, not a grace period for fees.

Does the fee have to be in the lease?

Section 57-22-4(5)(b) bars an owner from charging any fee, fine, assessment, interest, or other cost that is not included in the rental agreement, unless the tenancy is month-to-month and the owner gives 15 days' notice of the charge. HB 182 (2025) layers on a separate duty to disclose rent, recurring fees, and nonrefundable fees in writing before collecting any money from an applicant or tenant.

What happens if you charge too much?

Utah sets no multiplier or statutory damages for an unlawful late fee. The practical consequence is that the charge is void, cannot be used to support an eviction or a deposit deduction, and the tenant can recover the overcharge; Utah Code § 78B-5-826 makes any attorney fee clause in your lease reciprocal, so a losing landlord can end up paying the tenant's fees.

Returned payment fees

Utah Code §§ 7-15-1 and 7-15-2 allow the holder of a dishonored check to collect a $20 service charge, rising to $40 if the issuer does not pay within 30 days of proper written notice, plus collection costs in a civil action. The lease must still disclose the NSF charge under § 57-22-4(5)(b).

Recent changes to the law

HB 182 (2025 General Session), effective May 7, 2025, requires Utah landlords to give prospective tenants written disclosure of rent, recurring fees, nonrefundable fees, and late fee terms before collecting any payment. The underlying 10 percent or $75 late fee cap itself was unchanged.

What Utah landlords get wrong

Plenty of older guides and aggregator pages still say Utah has no late fee cap. That has been wrong since May 5, 2021, when the greater-of-10-percent-or-$75 ceiling took effect; treat any source repeating the no-cap line as out of date. The ceiling is per late payment, not per day, so a $10-per-day clause that runs a full month on a $900 rent blows past the $90 limit and becomes unenforceable. If you rent month-to-month and want to add or raise a fee mid-tenancy, you need 15 days' written notice under § 57-22-4(5)(b). Since HB 182 you also need the fee disclosed in writing before you accept any payment, including an application fee.

The law itself

Frequently asked questions

What is the maximum late fee a landlord can charge in Utah?

The greater of 10 percent of the rent stated in the rental agreement or $75, under Utah Code 57-22-4(5)(a). At $1,200 rent your ceiling is $120. At $700 rent your ceiling is $75, because the flat amount exceeds 10 percent. Anything above that ceiling is unenforceable even if the tenant signed a lease agreeing to it.

Does Utah require a grace period before charging a late fee?

No. Utah law has no grace period, so rent due on the 1st can be assessed a late fee on the 2nd if your rental agreement says so. Many Utah landlords voluntarily allow three to five days, but that is a business choice. Do not confuse the three-day pay-or-vacate eviction notice with a grace period for fees.

Can a Utah landlord charge a daily late fee?

Only if the total stays within the statutory ceiling. A daily fee that accumulates past the greater of 10 percent of rent or $75 is unenforceable, and Utah courts routinely refuse to award the accumulated amount. The safest structure is one flat fee per late payment, disclosed in the rental agreement, sized at or below the cap.

Does a late fee have to be in the Utah lease?

Yes. Utah Code 57-22-4(5)(b) bars charging any fee not included in the rental agreement, with a narrow exception for month-to-month tenancies where the owner gives 15 days' notice. Since HB 182 took effect on May 7, 2025, you also have to disclose the late fee in writing before collecting any payment from an applicant.

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This page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.