Utah: Late Rent Fee Limits
The short answer
Utah caps a late fee at the greater of 10% of the rent agreed to in the rental agreement or $75. The statute sets no grace period and no once-only or daily-accrual formula. Its general fee rule also limits charges to the agreed amount and requires them to be included in the rental agreement, except that a month-to-month landlord may add a charge after 15 days' notice; the Act does not let a renter sue under this provision or use a violation to excuse lease compliance.
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This is the general rule in Utah. Ezel applies current Utah law to your specific facts and answers with citations to the statutes.
| Governing law | Utah Code § 57-22-4(5), (8), (9) — Fit Premises Act cap and general rental-fee rules |
|---|---|
| Maximum late fee | Greater of 10% of the rent agreed to in the rental agreement or $75 (§ 57-22-4(5)(a)) |
| Grace period | None stated in § 57-22-4(5); do not substitute the separate eviction-notice clock |
| Lease or notice requirement | No writing required: rental agreements may be oral; the fee/amount must be included and agreed, unless a month-to-month owner gives 15 days' notice of a new charge (§§ 57-22-2(2), 57-22-4(5)(b)) |
| One-time or recurring | No once-only or daily formula stated; any charge remains subject to the late-fee cap and the agreement/notice rules (§ 57-22-4(5)) |
| Calculated on | The rent agreed to in the rental agreement; compare 10% of that rent with $75 and use the greater figure (§ 57-22-4(5)(a)) |
| Related fees & carve-outs | Any fee, fine, assessment, interest, or other cost may not exceed the agreed amount or be omitted from the rental agreement, subject to the month-to-month 15-day-notice exception (§ 57-22-4(5)(b)) |
| If the fee is unlawful | The Act expressly bars using a § 57-22-4(5) violation to excuse lease compliance or to bring a cause of action against the owner (§ 57-22-4(9)) |
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Requirements one by one
The cap uses the greater figure
Section 57-22-4(5)(a) prohibits a late fee above "the greater of" 10% of
the rent agreed to in the rental agreement or $75. If the agreed rent is $600,
10% is $60, so $75 is the maximum. If the agreed rent is $1,200, 10% is $120,
so $120 is the maximum.
No statutory grace or accrual formula
Section 57-22-4(5) does not state a number of days that must pass before a late
fee may attach. It also does not say that the fee is once per payment, daily,
or recurring. Those details cannot be added to the statute from an eviction
notice period or a form; the charge still must stay within the cap and the
agreement rules.
The amount must be agreed and included
The general fee rule bars a fee, fine, assessment, interest, or other cost in
an amount greater than the amount agreed to in the rental agreement. It also
bars a charge that is not included in the agreement, unless the tenancy is
month to month and the owner provides 15 days' notice of the charge.
Utah defines a rental agreement as written or oral, so these sections do not
create a separate writing requirement for a late fee.
The Act closes off its own private claim
Section 57-22-4(9) expressly says a renter may not use an owner's failure to
comply with subsection (5) as a basis either "to excuse the renter's
compliance with a rental agreement" or "to bring a cause of action against
the owner." The late-fee limit is a statutory owner duty, but this Act does
not supply the renter with a damages claim for violating it.
What trips people up
The statute says “greater,” not “lesser.” On rents above $750, 10% is more
than $75 and therefore sets the cap. On rents below $750, the $75 figure is
higher.
The three-day eviction notice is a different clock. Section 57-22-4 states
no late-fee grace period. A notice period governing nonpayment eviction cannot
be presented as a waiting period for imposing the fee.
This Act covers an ordinary principal residence, not every rental. Section
57-22-2 excludes boarding or rooming facilities, mobile-home lots, and
recreational property rented occasionally from its "residential rental unit"
definition.
Common questions
My agreed rent is $800. What is the statutory maximum? Ten percent is $80,
which is greater than $75, so the cap is $80.
Does the late fee have to be in a written lease? These provisions do not
require a writing. The Act defines "rental agreement" to include written or
oral agreements, but the fee and amount remain subject to the agreement and
notice rules.
Can I sue under the Fit Premises Act solely because the fee exceeds the
cap? Section 57-22-4(9) says a subsection (5) violation cannot be used to
bring a cause of action against the owner under this provision.
Statutes and sources
- Utah Code § 57-22-4(5), (8), (9) — cap, agreement/notice rules, and the
express limit on renter remedies.(5) An owner may not charge a renter: (a) a late fee that exceeds the
greater of: (i) 10% of the rent agreed to in the rental agreement; or (ii)
$75; or (b) a fee, fine, assessment, interest, or other cost: (i) in an
amount greater than the amount agreed to in the rental agreement; or (ii)
that is not included in the rental agreement, unless: (A) the rental
agreement is on a month-to-month basis; and (B) the owner provides the
renter a 15-day notice of the charge. ... (8) Nothing in this section
prohibits any fee, fine, assessment, interest, or cost that is allowed by
law or stated in the rental agreement. (9) A renter may not use an owner's
failure to comply with a requirement of Subsection ... (5) ... as a basis:
(a) to excuse the renter's compliance with a rental agreement; or (b) to
bring a cause of action against the owner.
Official source: https://le.utah.gov/xcode/Title57/Chapter22/C57-22-S4_2021050520210505.pdf (accessed 2026-07-20)
- Utah Code § 57-22-2(2), (5) — rental agreements may be written or oral;
the Act's ordinary-residential scope excludes specified categories.
(2) "Rental agreement" means any agreement, written or oral, which
establishes or modifies the terms, conditions, rules, or any other
provisions regarding the use and occupancy of a residential rental unit.
... (5) "Residential rental unit" means a renter's principal place of
residence ... It does not include facilities contained in a boarding or
rooming house or similar facility, mobile home lot, or recreational
property rented on an occasional basis.
Official source: https://le.utah.gov/xcode/Title57/Chapter22/C57-22_1800010118000101.pdf (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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