Utah Code § 13-11 § 13-11-5
Unconscionable act or practice by supplier.
Operative Text
Unconscionable act or practice by supplier. (1) A supplier that commits an unconscionable act or practice in connection with a consumer transaction violates this chapter whether the unconscionable act or practice occurs before, during, or after the transaction. (2) (a) The unconscionability of an act or practice is a question of law for a court with jurisdiction. (b) If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to the act or practice's setting, purpose, and effect to aid the court in making the court's determination. (3) In determining whether an act or practice is unconscionable, the court shall consider the circumstances that the supplier knew or had reason to know.
Utah Code Ann. § 13-11-5 prohibits suppliers from engaging in unconscionable acts or practices in connection with consumer transactions, regardless of whether the conduct occurs before, during, or after the transaction itself. Whether a particular act or practice qualifies as unconscionable is a legal question decided by a court, which considers the circumstances the supplier knew or had reason to know. When unconscionability is raised, both parties have the opportunity to present evidence about the setting, purpose, and effect of the challenged conduct before the court makes its determination.
Plain English — not legal advice.
Under Utah Code Ann. § 13-11-5, property owners and managers who act as suppliers in consumer transactions are expected to ensure that their practices—from initial marketing through lease execution and beyond—do not rise to the level of unconscionability as defined under Utah's consumer protection framework. Compliant operators generally maintain transparent, fair dealing practices and document the context and rationale behind their policies and fees, since courts may examine what the supplier knew or had reason to know at any stage of the transaction. Keeping clear records of communications, disclosures, and standard business practices can help demonstrate that conduct was neither oppressive nor exploitative.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 13-11-5 gives tenants a basis to challenge supplier conduct that is so one-sided or oppressive as to be unconscionable, whether it occurred before signing a lease, during the tenancy, or after the transaction concluded. If a tenant believes a landlord's act or practice crosses this threshold, they may raise unconscionability as a claim or defense in a court proceeding, where both sides are given the opportunity to present evidence about the circumstances surrounding the conduct. Tenants seeking to understand whether a specific practice might qualify as unconscionable under this provision may benefit from consulting a tenant-rights organization or legal aid office familiar with Utah consumer protection law.
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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