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Disclosures required in a Utah commercial lease agreement

On Behalf of | May 21, 2024 | Real Estate |

Utah state law requires a landlord to disclose certain property details to a tenant in the commercial lease agreement.

Disclosures ensure transparency and protect the rights of both parties.

Lead-based paint

Landlords must inform tenants about the potential presence of lead-based paint in the leased property. Federal law mandates this disclosure for properties built before 1978, as lead-based paint was commonly used in buildings constructed before that year. Tenants should receive information about any known lead-based paint hazards on the property, including the location of the paint and the potential health risks associated with lead exposure.

Zoning infractions

Zoning regulations dictate approved uses for commercial properties. Landlords are obligated to disclose any known zoning infringements, such as:

  • Unauthorized land use
  • Building code violations
  • Failure to obtain proper permits

By providing this information, landlords help tenants determine how zoning-related issues could affect their business operations or plans for the property. Tenants can assess whether they are willing to proceed with the lease agreement despite any zoning infractions or negotiate appropriate remedies with the landlord.

Sewer or septic system damage

Tenants have a right to know about any existing damage to the sewer or septic system, such as leaks, blockages or malfunctions. In addition to disclosing known issues, landlords may need to provide information about the history of repairs or maintenance performed on the system. The lease agreement should also designate the party responsible for maintenance and repairs moving forward.

By adhering to these disclosure requirements, parties can establish clear expectations, minimize disputes and foster positive landlord-tenant relationships throughout the duration of the lease term.