S.B. 147

1

RESIDENTIAL RENTERS' DEPOSITS AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 57, Chapter 17, Residential Renters' Deposits.
10 Highlighted Provisions:
11 This bill:
12 . provides that a renter may recover a civil penalty equal to three times the amount of
13 the renter's deposit if the owner in bad faith fails to timely:
14 . return the renter's deposit; or
15 . provide the renter an itemized list of each deduction the owner takes from the
16 renter's deposit;
17 . provides that a renter may recover a civil penalty equal to three times the amount of
18 the renter's prepaid rent if the owner in bad faith fails to timely return the prepaid
19 rent; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 57-17-3 , as enacted by Laws of Utah 1981, Chapter 74

28 57-17-5 , as enacted by Laws of Utah 1983, Chapter 208
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-17-3 is amended to read:
32 57-17-3. Deductions from deposit -- Written itemization -- Time for return.
33 (1) Upon termination of [the] a tenancy, the owner or the owner's agent may apply
34 property or money held as a deposit [may be applied, at the owner's or designated agent's
35 option, to] toward the payment of accrued rent, damages to the premises beyond reasonable
36 wear and tear, other costs provided for in the lease contract [and], or cleaning of the unit. [The
37 balance of any deposit and prepaid rent, if any, and a written itemization of any deductions
38 from the deposit, and reasons therefor, shall be delivered or mailed to the renter within 30 days
39 after termination of the tenancy or within 15 days after receipt of the renter's new mailing
40 address, whichever is later. The renter shall notify the owner or designated agent of the location
41 where payment and notice may be made or mailed. If there is damage to the rented premises,
42 this period shall be extended to 30 days.]
43 (2) Subject to Subsection (3), no later than 30 days after the day on which a tenancy
44 terminates or no later than 15 days after the day on which an owner or the owner's agent
45 receives a renter's new mailing address, whichever is later, the owner or the owner's agent
46 shall:
47 (a) return the balance of any deposit or prepaid rent to the renter; and
48 (b) if the owner made any deductions from the deposit, in accordance with Subsection
49 (1), give the renter a written notice that itemizes and explains the reason for each deduction.
50 (3) If there is damage to the rented premises, the owner or the owner's agent shall
51 comply with the requirements described in Subsections (2)(a) and (b) no later than 30 days
52 after the day on which a tenancy terminates or no later than 30 days after the day on which an
53 owner or the owner's agent receives the renter's new mailing address, whichever is later.
54 (4) No later than 30 days after the day on which a tenancy terminates, the renter shall
55 notify the owner or the owner's agent, in writing, of the address where the renter can receive
56 payment and notices under this chapter.
57 Section 2. Section 57-17-5 is amended to read:
58 57-17-5. Failure to give renter required notice -- Recovery of deposit, penalty,

59 and costs.
60 (1) If [the] an owner of a residential unit or [his] the owner's agent in bad faith fails
61 [within 30 days after termination of the tenancy or within 15 days after receipt of the renter's
62 new mailing address, whichever is later, to provide the renter the notice required in Section
63 57-17-3 ] to timely return a renter's deposit in accordance with Subsection 57-17-3 (2)(a), or
64 fails to timely comply with the requirements described in Subsection 57-17-3 (2)(b), the renter
65 may recover the full deposit, a civil penalty [of $100] equal to three times the amount of the
66 full deposit, and court costs. [Receipt of new address must occur within 30 days of termination
67 of tenancy.]
68 (2) If an owner of a residential unit or the owner's agent in bad faith fails to timely
69 return a renter's prepaid rent in accordance with Subsection 57-17-3 (2)(a), the renter may
70 recover the full amount of prepaid rent, a civil penalty equal to three times the amount of
71 prepaid rent, and court costs.




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as of 1-15-14 1:08 PM

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