The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In Utah, the primary source of information regarding the rights and responsibilities of residential landlords and tenants is indeed the written lease agreement. Utah law recognizes both written and oral lease agreements, but written leases are preferable as they provide a clear record of the terms agreed upon by both parties. Tenants should read and understand the lease before signing. If a tenant wishes to negotiate changes to the lease terms, such as allowing pets when the lease prohibits them, the tenant should discuss this with the landlord. Any agreed-upon changes should be written into the lease and initialed by both parties to ensure that the modifications are legally binding. It's important to note that Utah's landlord-tenant laws, which can be found in the Utah Code, may supplement or even override certain lease provisions. These laws establish a framework of rights and responsibilities that apply regardless of what is written in the lease, and they cannot be waived by agreement. Therefore, tenants and landlords should be aware of these statutory provisions in addition to the specifics of their lease agreement.