Utah Code §§ 10-8-85.4, 10-8-85.5 § 10-8-85.5
"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.
Operative Text
"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception. (1) As used in this section, "rental dwelling" means a building or portion of a building that is: (a) used or designated for use as a residence by one or more persons; and (b) (i) available to be rented, loaned, leased, or hired out for a period of one month or longer; or (ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. (2) (a) Subject to Subsection (2)(e), the legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality: (i) to obtain a business license pursuant to Section 10-1-203; or (ii) (A) to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5; and (B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license. (b) A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings. (c) A municipality may not charge a fee for the inspection of a rental dwelling. (d) If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5. (e) An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner's rental dwelling. (3) A municipality may not: (a) interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or (b) except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed. (4) Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service's authority under Title 26B, Utah Health and Human Services Code.
Utah Code Ann. §§ 10-8-85.4 and 10-8-85.5 authorize municipalities to require rental dwelling owners to obtain a standard or regulatory business license, and to allow inspections as a condition of that license. However, the law places firm limits on municipal authority: cities cannot charge inspection fees, cannot require more than one regulatory license for an owner with multiple rental properties, and cannot mandate safety retrofits beyond what was required at the time of original construction. Owners who can show by signed affidavit that they receive no compensation from their rental dwelling are exempt from any such licensing requirement.
Plain English — not legal advice.
Under §§ 10-8-85.4 and 10-8-85.5, compliant rental property owners in Utah municipalities that have adopted licensing ordinances typically obtain the required business or regulatory business license and permit any associated inspections. Owners of multiple rental properties generally need only one regulatory business license covering all of them, and no inspection fee may be charged. Operators also generally confirm whether their municipality has adopted a pre-2008 retrofit ordinance, since post-2008 safety feature mandates beyond original construction requirements are not permitted.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Sections 10-8-85.4 and 10-8-85.5 preserve tenant protections under the Utah Fit Premises Act (Title 57, Chapter 22) and do not limit a municipality's ability to enforce health ordinances or building codes. Tenants may find it useful to know that their municipality may have a rental licensing or inspection program in place, which can be a resource when habitability concerns arise. Tenant-rights organizations and local health departments can provide information about available complaint or enforcement pathways under these overlapping frameworks.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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