Is It Legal for My Utah Landlord to Charge More Rent After Our Apartment Flooded and Was Condemned?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Yesterday, the main water line to our apartment broke. It flooded and is now condemned. The landlord said we have until Thursday to move everything out, or we can move into a different unit that costs $400 more a month. Is this legal?
9/01/2013. Only thing about damages is that our deposit would be kept if we were negligent.
Attorney Answer
Based on what you describe, this does not sound right, and you likely have real options here. When a rental unit becomes uninhabitable through no fault of the tenant, which a burst main water line generally is, Utah's Fit Premises Act (Utah Code § 57-22-1 et seq.) generally puts the responsibility on the landlord to maintain livable housing, not on you to absorb a rent increase because their plumbing failed.
A few things stand out in your situation:
The timeline is very short. Giving you only until Thursday to fully move out is an aggressive deadline, especially for a long-term tenancy. While you may need to leave quickly for safety reasons if the unit is truly condemned, that is different from being forced to accept new financial terms on short notice. - You should not have to pay more rent for space you did not choose because your original unit failed through no fault of your own. If the landlord cannot restore your original unit within a reasonable time, Utah tenants generally have the right to end the lease and move elsewhere without being treated as if they broke the lease early, rather than being required to accept a more expensive unit from the same landlord. - Your deposit language works in your favor here. Since your lease only allows the landlord to keep your deposit for damage caused by your negligence, and a main water line break is a plumbing and maintenance issue, not something you caused, you have a strong argument that your full deposit should be returned.
What to do now: 1. Get everything in writing. Ask the landlord by text or email to confirm the move-out deadline and the alternative unit's terms in writing, so there is a record. 2. Take photos of the flooding and any condemnation notice if you have not already, and keep a copy of the official notice from the city or county if one was posted. 3. Do not sign anything agreeing to the higher rent or a new lease until you understand your rights, since that could be treated as a new agreement. 4. Ask the landlord in writing for your security deposit back, referencing that the damage was not caused by your negligence. 5. Contact a Utah landlord-tenant attorney or a local legal aid organization quickly, given the short deadline you were given.
This is general legal information, not legal advice. A Utah landlord-tenant attorney can review your lease and the specific facts and advise you on your options before Thursday.
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Frequently Asked Questions
Can my landlord make me pay more rent because my apartment became uninhabitable?
Generally, no. If the unit became uninhabitable through no fault of yours, you should not be forced to accept a more expensive unit as your only option. You typically have the right to have your original unit repaired within a reasonable time or to end the lease and move elsewhere.
Do I get my security deposit back if the flooding wasn't my fault?
Based on the deposit language you described, which only allows deductions for damage caused by your negligence, you have a strong argument for a full deposit return since a main water line break is a maintenance issue, not tenant negligence. Ask for this in writing and keep records of your request.
What if I need to move out by Thursday for safety reasons?
If the unit is genuinely condemned, you may need to leave quickly regardless of paperwork, but leaving for safety does not mean you have to accept new lease terms or a rent increase. Document everything and get legal advice as soon as possible about your rights regarding the deposit and any remaining lease obligations.
