Lease your Home

Basic policies for leasing in Daybreak: 
  • Homeowners must live in home for a period of 12 months, prior to leasing.
  • Lease terms must be for no less than 30 consecutive days in length.
  • Any property that is leased, must be leased in its entirety. Separate rooms, floors, basements or other areas within the home may not be separately leased. 
  • Homeowners are allowed only one rental property in the community.   
  • Within 10 days of a lease being signed, the owner of the leased property shall notify the Association of the lease and provide any additional information the Board may reasonably require.
  • Leases shall be in writing and shall disclose that the tenants and all occupants of the leased unit are bound by and obligated to comply with the Governing Documents.
  • The owner must give the tenant copies of the Governing Documents. 

Reference the below governing documents for further details on the above policies: 
Chapter 7.1(b),  Amendment No. 7 to Community Charter of For Daybreak, Amendments No. 4 and No. 5 to Community Charter for Daybreak.

Affidavit Of Occupancy 
Please read over our affidavit of occupancy for reference before leasing a property. Please sign, notarize and turn form into the Association office. 
Affidavit of Occupancy Resolution

Leasing Verification 
To provide renter access to Daybreak amenities, please complete the proper leasing paperwork. The homeowner will need to fill this document and return it along with the property lease agreement to the Community Center or email Gail Shultz at gshultz@ccmcnet.com. 
Leasing Verification Form

Common Leasing Questions

What steps do I need to follow to rent my home in Daybreak?

A homeowner must provide a copy of the lease, together with the required addendum form, to the Association. Each owner must provide copies of the Governing Documents to the lessee. Each lease of a unit within the Association shall obligate each lessee to comply with the Governing Documents. The owner is responsible and liable to ensure that the Owner’s Unit and lessee(s) remain compliant with the Governing Documents.

What is the minimum lease length allowed in Daybreak?

No homeowner can enter a lease, sublease or rental agreement for a period of less than 30 consecutive days. See Amendment No. 7. 

Can an owner rent or lease out a basement or individual rooms in his/her home?

A home can only be leased in its entirety to a person or single family. Separate rooms, floors (including basement apartments) or other areas within the home may not be separately leased.  The only exception includes approved “in-law suites” or “guest house”. These areas may be leased separate from the main dwelling.  (Community Charter for Daybreak, Chapter 7.1(b))

Can a permitted  tenant use the pool, lake or other amenities?

The owner may transfer their use rights for all Association amenities (including the pools, Daybreak Community Center, lake use, etc…) by completing a leasing verification form available from the Association or the Daybreak Community Center. By transferring their rights to a tenant, a homeowner surrenders their rights associated with that specific unit. 

How many homes can I own in Daybreak? 

Two homes. After owning and occupying a home in Daybreak for a continuous period of 12 months, a homeowner may acquire a second “Investor Unit” which may be rented or leased for residential purposes.  The second “Investor Unit” does not have to be occupied by the Daybreak owner prior to renting or leasing. Community Charter for Daybreak, Chapter 7.1(b), Amendment No.3 and No.4)

If I own two homes in Daybreak, can both be rented or leased?

No. One of the homes must be the primary residence for that owner and the other home can be rented or leased. 

Who is responsible to inform my renter/tenant of the Daybreak rules and governing documents?

 The owner of the home must provide the renter/tenant with copies of the Governing Documents.  

Who is responsible or liable if my renter/tenant breaks the rules?

The owner is.  They will receive the violation notifications and be responsible for any violations and associated fines related to their tenants including the tenant’s family and guests.

Who do these restrictions no apply to?

Utah Law 57-8a-209 Rental Restrictions 
Restrictions on rental lease terms do not apply to the following: 

(1) an Owner in the military for the period of the Owner's deployment; 
(2) a Unit occupied by an Owner's parent, child, or sibling; 
(3) an Owner whose employer has relocated the Owner for no less than two years; 
(4) a Unit owned by an entity that is occupied by an individual who: has voting rights under the Association's Governing Documents; and has a 25% or greater share of ownership, control, and right to profits and losses of the entity; 
(5) a Unit owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of a current Owner of the Unit, or the parent, child, or sibling of the current resident of the Unit; and 
(6) an Owner who has a rental in the Association before the time the rental restriction described herein is recorded with the Salt Lake county recorder to continue renting until: the lot owner occupies the lot, or an officer, owner, member, trustee, beneficiary, director, or person holding a similar position of ownership or control of an entity or trust that holds an ownership interest in the Unit, occupies the Unit.  

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