Short answer: Utah late fee laws cap a late fee at the greater of 10% of the rent in your rental agreement or $75, under Utah Code § 57-22-4(5), and the fee has to be in the agreement. Utah sets no grace period, and because an eviction judgment can triple the amounts owed under a lease, an unpaid fee can grow far beyond its face value once a case is filed.
The Utah rule is short, but the “greater of” wording catches many renters off guard. For anyone paying under $750 a month, the $75 figure is larger than 10%, so a lower-rent tenant can lawfully be charged a bigger share of the rent than someone in a pricier unit. To see how other states handle this, use our late fee laws by state hub.
Utah Late Fee Laws: Quick Reference
| Rule | Utah | Statute |
|---|---|---|
| Maximum late fee | Greater of 10% of agreed rent or $75 | Utah Code § 57-22-4(5)(a) |
| Grace period | None in the statute | Utah Code § 57-22-4(5) |
| Fee must be in the agreement | Yes; fees not in the agreement are barred, with a month-to-month exception on 15 days’ notice | Utah Code § 57-22-4(5)(b) |
| Pay-or-quit notice | Pay “rent and other amounts due” within 3 business days after service | Utah Code § 78B-6-802(1)(c) |
| Eviction judgment | Rent plus three times damages, including amounts due under the contract | Utah Code § 78B-6-811(2)-(3) |
The “Greater of 10% or $75” Cap
Section 57-22-4(5)(a) says an owner may not charge a late fee that exceeds the greater of 10% of the rent agreed to in the rental agreement, or $75. The cap is measured against the rent in your agreement, not against the amount you still owe. If you pay $1,000 of a $1,200 rent late, the ceiling is still based on $1,200.
The break-even point is $750 a month. At that rent, 10% and $75 are the same number. Below it, the $75 figure controls. Above it, 10% controls. A renter paying $600 can face a $75 fee, which is 12.5% of rent, while a renter paying $2,000 can face up to $200.
No grace period, so the lease sets the clock
Utah’s statute does not require any waiting period before a fee attaches. The section limits the amount and requires the fee to be agreed to, but it is silent on timing. That means the due date and any grace days in your rental agreement are what control when a fee can be charged. If your lease gives you until the 5th, a fee on the 2nd breaks the agreement.
Fees Must Be Agreed To in Writing
Section 57-22-4(5)(b) adds a second limit that reaches beyond late fees. An owner may not charge a fee, fine, assessment, interest or other cost in an amount greater than the rental agreement allows, or one that is not in the agreement at all. The one exception is a month-to-month tenancy, where the owner may add a charge after giving you 15 days’ notice.
So if your one-year lease names a $50 late fee, the owner cannot bump it to $75 mid-lease. And a “returned payment processing fee” or “collection fee” that appears nowhere in the lease is not chargeable during a fixed term.
Worked Example: Two Renters in Ogden
Marcus rents a basement apartment in Ogden for $680 a month. His lease sets rent due on the 1st and a late fee of $85. Ten percent of his rent is $68. The greater of $68 and $75 is $75, so his lease fee is $10 over the cap, and the most he can be charged is $75.
His upstairs neighbor, Priya, pays $1,450. Her lease charges $100 on the 3rd and then $10 a day. Her cap under § 57-22-4(5)(a) is $145, the greater of 10% and $75. By the 7th, her running total reaches $140. The statute caps “a late fee” without spelling out how daily add-ons are treated, so a careful reading is that the combined monthly charge should stay within $145. By the 9th her lease would demand $160, and she has a strong argument the extra $15 is over the line.
How Late Fees Show Up in a Utah Eviction
This is where Utah differs sharply from many states. The nonpayment notice in § 78B-6-802(1)(c) requires payment of “the rent and other amounts due” or surrender of the unit within three business days after service. A lawful late fee in your lease can therefore be part of what you must pay to cure. The deadline is counted in business days, not calendar days, so you can use our notice deadline calculator to find the real deadline.
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If the landlord wins, § 78B-6-811 directs the court to assess damages that include “the amounts due under the contract,” and subsection (3) says judgment is entered for the rent and for three times those damages. The Utah courts’ tenant eviction self-help page describes this as possibly paying “triple the amounts owed under the lease.” An overcharged late fee is worth challenging before it is multiplied.
Mobile Home Lots and Subsidized Units
If you rent a lot in a mobile home park, the Mobile Home Park Residency Act, § 57-16-4, requires your written lease to fully disclose all rent, service charges and other periodic fees, and the dates they are due. The park also may not change a due date without 60 days’ written notice. That section does not set its own late-fee cap. Our mobile home park rights guide covers the rest of the act.
Section 57-22-4(5) contains no separate rule for subsidized housing. If you have a voucher or live in public housing, the lease and its federal addendum may set lower fees, and those terms bind the owner under the same subsection.
Payment Order and Fees on Fees
Utah’s statute does not say whether a landlord must apply your payment to rent before fees. Read your lease for a payment-order clause. If there is none and the owner credits a partial payment to fees first, ask for a ledger so you can see whether “unpaid rent” in a notice is really unpaid fees. A late fee charged on an earlier unpaid late fee is a fee the agreement must authorize, or § 57-22-4(5)(b) bars it.
Challenging an Overcharge
- Find the late-fee clause and compute the greater of 10% of your agreed rent or $75.
- Add up every late charge for the month, including daily charges.
- Write to the owner, cite § 57-22-4(5), and ask that the excess be removed from your ledger.
- If you receive a three-day notice, pay the lawful amount within three business days and keep proof. Our late fee checker helps you confirm the figure.
Frequently Asked Questions
Is a $75 late fee legal in Utah if my rent is only $500?
Yes, if your rental agreement includes it. The cap in § 57-22-4(5)(a) is the greater of 10% of rent or $75, so at $500 rent the $75 figure applies even though it equals 15% of the rent.
Does Utah require a grace period before a late fee?
No. The statute caps the amount and requires the fee to be in the agreement, but it does not set a waiting period. Any grace days come from your lease.
Can a Utah landlord add a late fee that was not in my lease?
Not during a fixed-term lease. Section 57-22-4(5)(b) bars fees that are not in the rental agreement. On a month-to-month tenancy, the owner may add one after 15 days’ notice.
Do I have to pay late fees to stop a Utah eviction notice?
A notice under § 78B-6-802(1)(c) demands “the rent and other amounts due,” so lawful lease charges can be included. You do not have to pay any part of a fee that exceeds the § 57-22-4(5) cap.
Can late fees be tripled in a Utah eviction judgment?
Section 78B-6-811 lets the court treble damages, which include the amounts due under the contract. That is why a disputed fee should be raised early, in writing, before a judgment is entered.
Your next step: compare your lease’s fee to the 10%-or-$75 figure, then send a short written request to correct any excess and keep a copy. For help, contact Utah’s statewide legal aid provider through the Legal Services Corporation’s get legal help page. This is general information, not legal advice. You can also review the Utah security deposit law post before you move out.