6.26.150 Rental Disclosure Required. (Effective August 1, 2018).
(1) For purposes of this Section, the following definitions shall apply:
(a) “Lessor” means any person leasing to another person a rental dwelling or any interest therein.
(b) “Lessee” means any person leasing from another person a rental dwelling or any interest therein.
(c) “Provo City Rental Disclosure” means a document provided by the Provo City Development Services Department in accordance with this Section.
(d) “Rental dwelling” has the meaning defined in Section 6.02.010, Provo City Code, but also includes a mobile home rental dwelling as defined in that Section.
(2) Every lessor, or the lessor’s agent, shall provide to each lessee of the lessor’s property a Provo City Rental Disclosure signed by the lessor, or lessor’s agent, and shall obtain the lessee’s signature thereon.
(3) Every adult lessee shall obtain a Provo City Rental Disclosure from the lessor, or lessor’s agent, of the leased property and shall sign the same. It is an affirmative defense to a violation of this Subsection if the lessee requests in writing the Provo City Rental Disclosure from the lessor, or lessor’s agent, and the lessor, or lessor’s agent, fails to provide it.
(4) The Provo City Rental Disclosure shall contain the following:
(a) A copy of the rental dwelling license for the lease property;
(b) A statement advising the lessee that if the lessee subleases or assigns any portion of the leased property to another, then, as a sublessor, the lessee is obligated to meet a lessor’s obligations under this Section with regard to the sublessee;
(c) A statement of the rights and responsibilities of lessees; and
(d) A place for the signature of both the lessor and lessee acknowledging the lease of the property.
(5) A lessor, lessor’s agent, or lessee shall make the Provo City Rental Disclosure available to Provo City officials upon request when reasonable cause exists to believe that there is a violation of this Section or of occupancy limits provided in Title 14, Provo City Code.
(6) It shall be unlawful for any lessor, lessor’s agent, lessee, or other individual to violate the requirements of this Section.
(7) Any lessor, lessor’s agent, lessee, or other individual who intentionally, knowingly, or recklessly violates this Section shall be guilty of a Class C misdemeanor.
(a) A second or subsequent conviction under this Section shall be a Class B misdemeanor.
(b) For purposes of this Section, a plea of guilty or no contest to a violation of this Section, which plea is held in abeyance under Utah Code Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.