<chapter number="57-17"><catchline>Residential Renters' Deposits</catchline><section number="57-17-1"><histories><history>Enacted by Chapter <modchap sess="1981GS">74</modchap>, 1981 General Session</history><modyear>1981</modyear></histories><catchline>Return or explanation of retainage upon termination of tenancy.</catchline><tab/>Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained.
</section><section number="57-17-2"><histories><history>Enacted by Chapter <modchap sess="1981GS">74</modchap>, 1981 General Session</history><modyear>1981</modyear></histories><catchline>Non-refundable deposit -- Written notice required.</catchline><tab/>If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.
</section><section number="57-17-3"><histories><history>Amended by Chapter <modchap sess="2025GS">275</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Deductions from deposit -- Written itemization -- Time for return.</catchline><subsection number="57-17-3(1)">Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.</subsection><subsection number="57-17-3(2)">No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner's agent, the owner or the owner's agent shall mail or deliver to the renter at the renter's last known address or electronically to the renter by a means provided to the owner or owner's agent by the renter:<subsection number="57-17-3(2)(a)">the balance of any deposit;</subsection><subsection number="57-17-3(2)(b)">the balance of any prepaid rent; and</subsection><subsection number="57-17-3(2)(c)">if the owner or the owner's agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction.</subsection></subsection><subsection number="57-17-3(3)">If an owner or the owner's agent fails to comply with the requirements described in Subsection <xref depth="4" refnumber="57-17-3(2)" start="0">(2)</xref>, the renter may serve the owner or the owner's agent, in accordance with Subsection <xref depth="4" refnumber="57-17-3(4)" start="0">(4)</xref>, a notice that:<subsection number="57-17-3(3)(a)">states:<subsection number="57-17-3(3)(a)(i)">the names of the parties to the rental agreement;</subsection><subsection number="57-17-3(3)(a)(ii)">the day on which the renter vacated the rental property;</subsection><subsection number="57-17-3(3)(a)(iii)">that the owner or the owner's agent has failed to comply with the requirements described in Subsection <xref depth="4" refnumber="57-17-3(2)" start="0">(2)</xref>; and</subsection><subsection number="57-17-3(3)(a)(iv)">the address where the owner or the owner's agent may send the items described in Subsection <xref depth="4" refnumber="57-17-3(2)" start="0">(2)</xref>; and</subsection></subsection><subsection number="57-17-3(3)(b)">is substantially in the following form:<eol/><tab/><center>TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION</center><eol/><tab/>TO: (insert owner or owner's agent's name)<eol/><tab/>RE: (insert address of rental property)<eol/><tab/>NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) BUSINESS DAYS pursuant to Utah Code Sections <xref depth="3" refnumber="57-17-3" start="0">57-17-3</xref> et seq., the owner or the owner's agent must provide the tenant, at the address below, a refund of the balance of any security deposit, the balance of any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as allowed by law.<eol/><tab/>NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of ___________, 20___.<eol/><tab/>NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees, if the court determines the owner acted in bad faith.<eol/>Tenant's Name(s):_____________________________________<eol/>Mailing Address_____________________ City____________ State_____ Zip_______<eol/>This is a legal document. Please read and comply with the document's terms.<eol/>Dated this ______ day of _____________, 20____.<eol/><tab/><center>Return of Service</center><eol/><tab/>On this _____ day of ____________, 20____, I swear and attest that I served this notice in compliance with Utah Code Section <xref depth="3" refnumber="57-17-3" start="0">57-17-3</xref> by:<eol/><tab/>____ Delivering a copy to the owner or the owner's agent personally at the address provided in the lease agreement;<eol/><tab/>____ Leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement because the owner or the owner's agent was absent from the address provided in the lease agreement;<eol/><tab/>____ Affixing a copy in a conspicuous place at the address provided in the lease agreement because a person of suitable age or discretion could not be found at the address provided in the lease agreement; or<eol/><tab/>____ Sending a copy through registered or certified mail to the owner or the owner's agent at the address provided in the lease agreement.<eol/>The owner's address to which the service was effected is:<eol/>Address________________________ City______________ State_____ Zip_______<eol/>_________________ (server's signature)<eol/><tab/><center>Self-Authentication Declaration</center><eol/>Pursuant to Utah Code <xref depth="1" refnumber="78B-18a" start="0">Title 78B, Chapter 18a, Uniform Unsworn Declarations Act</xref>, I declare under criminal penalty of the State of Utah that the foregoing is true and correct.<eol/>Executed this _____ day of _____________, 20____.<eol/>___________________ (server's signature)</subsection></subsection><subsection number="57-17-3(4)">A notice described in Subsection <xref depth="4" refnumber="57-17-3(3)" start="0">(3)</xref> shall be served:<subsection number="57-17-3(4)(a)"><subsection number="57-17-3(4)(a)(i)">by delivering a copy to the owner or the owner's agent personally at the address provided in the lease agreement;</subsection><subsection number="57-17-3(4)(a)(ii)">if the owner or the owner's agent is absent from the address provided in the lease agreement, by leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement; or</subsection><subsection number="57-17-3(4)(a)(iii)">if a person of suitable age or discretion cannot be found at the address provided in the lease agreement, by affixing a copy in a conspicuous place at the address provided in the lease agreement; or</subsection></subsection><subsection number="57-17-3(4)(b)">by sending a copy through registered or certified mail to the owner or the owner's agent at the address provided in the lease agreement.</subsection></subsection><subsection number="57-17-3(5)">Within five business days after the day on which the notice described in Subsection <xref depth="4" refnumber="57-17-3(3)" start="0">(3)</xref> is served, the owner or the owner's agent shall comply with the requirements described in Subsection <xref depth="4" refnumber="57-17-3(2)" start="0">(2)</xref>.</subsection></section><section number="57-17-4"><histories><history>Enacted by Chapter <modchap sess="1981GS">74</modchap>, 1981 General Session</history><modyear>1981</modyear></histories><catchline>Holder of owner's or designated agent's interest bound by provisions.</catchline><tab/>The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
</section><section number="57-17-5"><histories><history>Amended by Chapter <modchap sess="2023GS">401</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.</catchline><subsection number="57-17-5(1)">
If an owner or the owner's agent fails to comply with the requirements described in Subsection <xref depth="4" refnumber="57-17-3(5)" start="0">57-17-3(5)</xref>, the renter may:
<subsection number="57-17-5(1)(a)">
recover from the owner:<subsection number="57-17-5(1)(a)(i)">
if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit;</subsection><subsection number="57-17-5(1)(a)(ii)">
if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and</subsection><subsection number="57-17-5(1)(a)(iii)">
a civil penalty of $100; and</subsection></subsection><subsection number="57-17-5(1)(b)">
file an action to enforce compliance with the provisions of this section.</subsection></subsection><subsection number="57-17-5(2)">
In an action under Subsection <xref depth="4" refnumber="57-17-5(1)(b)" start="0">(1)(b)</xref>, the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.</subsection><subsection number="57-17-5(3)">
A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection <xref depth="4" refnumber="57-17-3(3)" start="0">57-17-3(3)</xref>.</subsection><subsection number="57-17-5(4)">
This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.</subsection></section></chapter>