Quiet Enjoyment Clause
in Your Lease
How this page is sourced
Statutes verified against primary state sources
Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publicationLast updated: October 2026
What it actually means, what Utah law says, what's specific to Salt Lake City - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- After your written notice, the owner has three calendar days to act on a habitability problem.
- A rental agreement requirement gets 10 calendar days; a dangerous condition needs work begun within 24 hours.
- Deadline missed: end the lease with rent abated, or repair and deduct up to two months' rent.
- A lockout is unlawful except by judicial process (§ 78B-6-814).
- Salt Lake City adds a peaceful enjoyment duty and an inspector-set repair period (§ 18.96.110).
Try your numbers
Is your repair deduction over the limit?
Applies to a Salt Lake City renter whose written notice chose repair and deduct, after the owner took no substantial action within the corrective period; § 57-22-6(4)(b) withholds it from a renter not in compliance with § 57-22-5 (Utah Code § 57-22-6(4)(a)(ii)). Arithmetic only, not legal advice.
Count it for your dates
3 days: when does it end?
What it means: The owner must have taken substantial action toward correcting the condition by this date; it is a deadline to act, not to finish. Applies to a Salt Lake City owner served a notice that meets § 57-22-6(2)(b); a requirement imposed by the rental agreement gets 10 calendar days, and a dangerous condition needs remedial action begun within 24 hours of notice by any reasonable means (Utah Code § 57-22-6(1)(a)). Calendar arithmetic only; check how the section counts days before you rely on a date.
Copy and send: As soon as the problem starts, served as § 78B-6-805 or your rental agreement provides
Notice of deficient condition
Fill in the brackets and keep a copy of what you send.
Understanding the Quiet Enjoyment Clause
This page is for Salt Lake City renters whose landlord is getting in the way of a livable home: a heater left broken, a lock changed, a danger left waiting. Utah handles repairs with a clock that starts when you give written notice, and the kind of problem sets how long it runs.
A lockout falls under a separate rule. So first work out which kind you have.
Then put it in writing the way the statute asks, because the three or 10 day count runs from that notice.
What renters assume
If my Salt Lake City landlord ignores a broken heater, I can just stop paying rent until it is fixed.
What is actually true
Under § 57-22-6(4)(a)(i), rent abatement follows a written notice that named it as your remedy and a missed corrective period. It also ends the rental agreement, and you then have 10 calendar days to move out.
Twenty-seven rows sit in the comparison on this page, and 17 carry a figure. Los Angeles, Portland, Columbus and Baltimore sit at 30 days, and Chicago, Nashville, Las Vegas, Minneapolis, Kansas City, Louisville and Oklahoma City at 14.
Seattle sits at 10, Austin and Miami at 7, Phoenix at 5, Salt Lake City at 3, and Denver at 24 hours.
Ten rows draw no bar: New York City, Atlanta, Philadelphia, Boston, Washington, Newark, Detroit, Charlotte, Milwaukee and Indianapolis.
Salt Lake City's bar is the habitability figure. The 10 calendar days for a requirement imposed by the rental agreement sits in its label, not its bar.
The 24 hours in § 57-22-6(3) is a deadline to commence remedial action on a dangerous condition, which the owner must then diligently pursue to completion.
Quiet Enjoyment Clause Example - What the Wording Looks Like in Salt Lake City, UT
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
The Lessee, upon paying the rent and performing the covenants and complying with the conditions on the part of the Lessee to be performed as herein set forth, shall, at all times during the term herein granted, quietly have, hold and enjoy, the apartment without any suit, trouble or hindrance from the Lessor, subject to the terms of this lease, but the Lessor shall only be bound by or be liable under this covenant so long as such Lessor shall be the owner of the land and the building.
Quoted from the published opinion in Zamzok v. 650 Park Ave. Corp., 80 Misc. 2d 573, 363 N.Y.S.2d 868 (Sup. Ct., N.Y. County 1974). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
What the 4 highlighted phrases mean
“upon paying the rent”
The covenant here is conditional, and Utah's repair statute carries a condition of its own, worded differently. Under Utah Code § 57-22-6(4)(b), a renter who is not in compliance with all requirements of § 57-22-5 is not entitled to either renter remedy. This clause names paying rent as its condition, while the statute names § 57-22-5, so read that section before serving a notice.
See the example
“the part of the Lessee to be”
The tenant's side of the bargain is where Utah writes its own enjoyment rule, and that rule runs from renter to renter. § 57-22-5(2)(b) says a renter may not “interfere with the peaceful enjoyment of the residential rental unit of another renter”. Salt Lake City's § 18.96.060(H) puts the same duty in the city code, so both texts place it on the renter whose conduct interferes.
See the example
“all times during the term herein granted, quietly have, hold”
The promise runs for the whole term, and Utah's statute puts numbers on the part that counts when something breaks. Under § 57-22-6(1)(a) the corrective period after written notice is three calendar days for a standard of habitability and 10 calendar days for a requirement imposed by the rental agreement. For a dangerous condition, § 57-22-6(3) has the owner commence remedial action “within 24 hours after receiving notice” and diligently pursue it to completion.
See the example
“and enjoy, the apartment without any suit,”
A promise of no suit from the Lessor reads oddly beside Utah's lockout rule, which points an owner who wants a tenant out toward court rather than away from it. Utah Code § 78B-6-814 says “It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process”, with an exception for retaking premises the tenant has abandoned. Salt Lake City's § 18.96.050(W) adds that the owner shall “Provide for and protect each tenant's peaceful enjoyment of the premises”.
See the example
The landlord won on the quiet-enjoyment claims, and the reason is in the clause's opening words. The court read “upon paying the rent and performing the covenants” as a condition precedent: these residents were withholding their maintenance payments - paying into escrow rather than to the co-op - so the covenant never became operative, and both quiet-enjoyment causes of action were dismissed. They had also never alleged that they abandoned the apartment, or any part of it. Two further rulings are worth knowing. The court accepted that a partial constructive eviction - giving up only part of a dwelling - can breach the covenant. And it held that damages for physical discomfort, annoyance and emotional distress are not recoverable on a contractual covenant of this kind. Leave to replead came with a price: all back rent paid within 10 days. One label matters before you map it onto your own situation - this was a residential co-op proprietary lease on Park Avenue, not an ordinary rental, so read it for the mechanics of the wording rather than as a straight tenancy decision.
How this state's law treats this clause
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Utah Law on Quiet Enjoyment Clause
- The day counts are definitions in § 57-22-6(1)(a): "Corrective period" means "for a standard of habitability, three calendar days" and "for a requirement imposed by a rental agreement, 10 calendar days." A standard of habitability is one the owner must meet under § 57-22-3(1) or § 57-22-4(1)(a) or (b)(i), (ii) or (iii): a unit fit for human habitation, safe and sanitary common areas, working electrical, plumbing, heating and hot and cold water, and any air conditioning in operable condition.
Read the law's words
Section 57-22-3(3) says the chapter does not apply to conditions that do not materially affect the physical health or safety of the ordinary renter. - The clock starts with a written notice that meets § 57-22-6(2)(b): it must describe each deficient condition, state that the owner has the corrective period "stated in terms of the applicable number of days", name the remedy the renter has chosen, give the owner permission to enter to make corrective action, and be served as provided in § 78B-6-805 or the rental agreement.
Read the law's words
A dangerous condition can be reported by any reasonable means under § 57-22-6(3), and the owner must "within 24 hours after receiving notice" commence remedial action and diligently pursue it to completion. - If the owner fails to take substantial action within the corrective period, § 57-22-6(4)(a)(i) abates rent from the date of the notice, terminates the rental agreement, requires immediate return of the entire security deposit and prorated prepaid rent, and gives the renter 10 calendar days to vacate; § 57-22-6(4)(a)(ii) instead lets the renter correct the condition and deduct the cost from future rent, "not to exceed an amount equal to two months' rent", keeping receipts.
Read the law's words
Under § 57-22-6(4)(b) a renter who is not in compliance with all requirements of § 57-22-5 is not entitled to either remedy, and § 57-22-6(5) lets the renter sue after the corrective period with a three business day appearance endorsed on the summons. - The Act's enjoyment wording runs from renter to renter: § 57-22-5(2)(b) says a renter may not "interfere with the peaceful enjoyment of the residential rental unit of another renter".
Read the law's words
A lockout is addressed separately in § 78B-6-814: "It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process", with an exception for retaking premises the tenant has abandoned.
Sources include Utah Code § 57-22-6(1)(a); Utah Code § 57-22-6(2); Utah Code § 57-22-6(3); Utah Code § 57-22-6(4); Utah Code § 57-22-6(5); Utah Code § 57-22-3(1), (3); Utah Code § 57-22-5(2)(b); Utah Code § 57-22-7(2)(b); Utah Code § 78B-6-814; Salt Lake City Code § 18.96.050(W), (X); Salt Lake City Code § 18.96.060(H); Salt Lake City Code § 18.96.110; Salt Lake City Code § 18.50.100(B) - statutes change; verify the current text for your situation.
In Utah Code Title 57, Chapter 22, a standard of habitability covers a unit fit to live in, safe and sanitary common areas, and working electrical, plumbing, heating, hot and cold water and any air conditioning (§ 57-22-3(1) and § 57-22-4). § 57-22-3(3) excludes conditions that do not materially affect the ordinary renter's physical health or safety. Five rules apply:
- § 57-22-6(1)(a), the clock. After your written notice, the owner has three calendar days for a standard of habitability, or 10 for a requirement imposed by the rental agreement, to take substantial action.
- § 57-22-6(2)(b), the notice. Describe each condition, state the period in days, name your remedy, give permission to enter, and serve it as § 78B-6-805 or the rental agreement provides.
- § 57-22-6(3), dangers. A substantial risk of imminent loss of life or significant physical harm may be reported by any reasonable means; remedial action must begin within 24 hours and be diligently pursued.
- § 57-22-6(4), remedies. Rent abatement ends the agreement and returns your whole deposit and prorated prepaid rent. Or repair and deduct up to two months' rent, keeping receipts. § 57-22-6(4)(b) withholds both from a renter not in compliance with § 57-22-5.
- § 78B-6-814, lockouts. No exclusion except by judicial process, apart from abandoned premises.
Check the current § 57-22-6 on le.utah.gov first.
What's Specific to Salt Lake City
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Salt Lake City adds owner duties. § 18.96.050(W) requires the owner to protect each tenant's peaceful enjoyment, and § 18.96.050(X) says repairs and showings must not unreasonably interfere with quiet enjoyment. For listed failures, such as an inoperable toilet, a missing lock or an owner-caused utility shutoff, § 18.96.110 has the owner begin repairs promptly after written notice.
The period is set in the city inspector's notice and order. Chapter 18.96 as we read it sets no fixed number of days. Tenants must not interfere with another renter's peaceful enjoyment (§ 18.96.060(H)).
Good. The corrective period runs from a notice served as § 78B-6-805 or the rental agreement provides, so a named address fixes the start date.
Good. A requirement imposed by the rental agreement gets 10 calendar days under § 57-22-6(1)(a), and a written list settles what was promised.
Red flag. § 78B-6-814 makes it unlawful for an owner to willfully exclude a tenant in any manner except by judicial process.
Question it. § 18.96.050(X) says repairs and showings must not unreasonably interfere with the tenants' right to quiet enjoyment.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Utah Code § 57-22-6(1)(a); Utah Code § 57-22-6(2); Utah Code § 57-22-6(3); Utah Code § 57-22-6(4); Utah Code § 57-22-6(5); Utah Code § 57-22-3(1), (3); Utah Code § 57-22-5(2)(b); Utah Code § 57-22-7(2)(b); Utah Code § 78B-6-814; Salt Lake City Code § 18.96.050(W), (X); Salt Lake City Code § 18.96.060(H); Salt Lake City Code § 18.96.110; Salt Lake City Code § 18.50.100(B), read on web.archive.org. The Utah Legislature's Title 57, Chapter 22 file, saved by the Internet Archive on 9 September 2026, prints § 57-22-6 with the history line Amended by Chapter 401, 2023 General Session, and FindLaw's copy marked current as of January 1, 2025 carries the same corrective periods.
Red Flags to Watch Out For
-
A broken heater reported only by phone
The three day clock in § 57-22-6 runs from a written notice. Put the request in writing, state the days and keep a dated copy.
-
A notice that leaves out the remedy
§ 57-22-6(2)(b) requires the notice to name the remedy you chose and state the corrective period in days. Check both before serving it.
-
A danger to life left waiting
For a substantial risk of imminent loss of life or significant physical harm, § 57-22-6(3) requires remedial action begun within 24 hours after notice.
-
A lockout over a dispute
§ 78B-6-814 allows no exclusion outside judicial process, apart from abandoned premises. Write down the date and time it happened.
-
Deducting past the cap
Repair and deduct under § 57-22-6(4)(a)(ii) stops at two months' rent, and you keep the receipts.
Your Rights as a Salt Lake City Tenant
-
Three days for basic habitability
§ 57-22-6(1)(a): after written notice, the owner has three calendar days to take substantial action on heating, plumbing, hot and cold water and similar standards.
-
Work begun within 24 hours on a danger
§ 57-22-6(3): the owner commences remedial action within 24 hours and diligently pursues it to completion.
-
A remedy if the deadline passes
§ 57-22-6(4)(a): the remedy named in your notice applies. § 57-22-6(5) also lets you sue after the corrective period.
-
No lockout outside the courts
§ 78B-6-814: it is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process.
What To Do - Step by Step
Name the problem
A standard of habitability, a lease promise and a dangerous condition each get a different clock under § 57-22-6.
Write the notice the statute describes
Describe each condition, state the days, name your remedy and give permission to enter, as § 57-22-6(2)(b) requires.
Serve it and keep the date
Serve it as § 78B-6-805 or your rental agreement provides. The count runs from that notice, so keep proof of when it went.
Check your own compliance first
§ 57-22-6(4)(b) withholds both remedies from a renter not in compliance with all requirements of § 57-22-5. Read that section before you act.
Use the city route as well
For listed failures such as an inoperable toilet or a missing lock, § 18.96.110 sets the repair period in the city inspector's notice and order. Keep any case number.
Read the current text, then get help
Read § 57-22-6 on le.utah.gov, then take your notice and your log to a Salt Lake City legal aid office or tenant attorney.
Why renters trust LeaseDecoded
Frequently Asked Questions
Quiet Enjoyment rules near Utah
The same clause in the nearest states we cover.
Was this guide helpful?Your answer is anonymous and helps us fix what is unclear.