Can I end my rental agreement (lease) early because of domestic violence?
To end your lease early, you must give your landlord both of the following documents:
- a final court order protecting you from the abuser or a police report saying that you’re the victim of domestic violence; and
- a written “notice of termination” that includes the date you intend to move out.1
Your decision to end your lease early doesn’t end the lease for any other tenants.2
You will also be charged a termination fee.3 For more information, go to How long do I have to move out? Do I have to pay any fees?
Note: You cannot use this process to end your lease early if your landlord has already served you with a notice of eviction.4
1 UT ST § 57-22-5.1(4)(b), (4)(c)
2 UT ST § 57-22-5.1(9)
3 UT ST § 57-22-5.1(4)(d)
4 UT ST § 57-22-5.1(7)
Can I still end my lease early due to domestic violence if my rent is late or there is damage to my home?
The law says that to end your lease early, you must be following all terms of your lease, including all of the rental obligations listed in section 57-22-5 on our Selected Utah Statutes page.1 However, there is an exception. You can still end your lease if any of the following specific lease violations are due to domestic violence:
- there is damage to your home;
- your rent is overdue;
- you have kept your landlord out of your home when s/he wanted to make repairs; or
- you have disturbed your neighbor’s peace.2
In this case, you must give your landlord all of the following documents:
- a final court order protecting you from the abuser or a police report saying that you’re the victim of domestic violence;
- a written “notice of termination” that includes the date you intend to move out;
- evidence that the lease violation(s) listed above happened less than 30 days before the date you gave the written notice of termination; and
- evidence that domestic violence caused the lease violation.3
Note: You cannot use this process for early lease termination if your landlord has already served you with a notice of eviction.4
1 UT ST § 57-22-5.1(4)(a); see also § 57-22-5
2 UT ST § 57-22-5.1(5); see also § 57-22-5(1)(g), (2)
3 UT ST § 57-22-5.1(5)(a), (5)(b), (5)(c)
4 UT ST § 57-22-5.1(7)
How long do I have to move out? Do I have to pay any fees?
Once you give your landlord the written notice of termination, you have 15 days to move out. You are still responsible for the rent during those 15 days. You’re also responsible for any money you already owed the landlord before you decided to move, and you may have to pay for any damages to the residence.1
In addition to any rent you may owe, you also have to pay the landlord an additional month’s rent as a “termination fee.” The termination fee is due either on the day you provide the notice or the day you move out, whichever is later.2
1 UT ST § 57-22-5.1(6), (8)
2 UT ST § 57-22-5.1(1)(h), (4)(d)
Instead of ending my lease, can I ask my landlord to change my locks?
You can require your landlord to change the locks to your rental unit if:
- you have been the victim of one of the following crimes:
- domestic violence;
- dating violence;
- stalking;
- burglary; or
- a sexual offense;1 and
- you give the landlord one of the following documents:
- a final cohabitant abuse protective order – it cannot be a temporary order; or
- a copy of a police report documenting the act of domestic violence, dating violence, stalking, burglary, or a sexual offense.2
You are responsible for the costs of installing the new lock, and the landlord may keep a key.3
Note: Your landlord is not allowed to give the abuser a new key unless the abuser gets a separate court order saying that s/he is entitled to one.4
1 UT ST § 57-22-5.1(1)(b), (3)(a)
2 UT ST § 57-22-5.1(2), (3)(a)(i)
3 UT ST § 57-22-5.1(3)(a)(ii), (3)(c)
4 UT ST § 57-22-5.1(3)(d), (3)(e)(i)