H.B. 289

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LANDLORD INSPECTION RIGHTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lowell A. Nelson
5 AN ACT RELATING TO REAL ESTATE; AMENDING PROVISIONS GOVERNING
6 RENTERS DEPOSITS; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 57-17-1, as enacted by Chapter 74, Laws of Utah 1981
10 57-17-3, as enacted by Chapter 74, Laws of Utah 1981
11 57-17-5, as enacted by Chapter 208, Laws of Utah 1983
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 57-17-1 is amended to read:
14 57-17-1. Return or explanation of retainage upon termination of tenancy.
15 [Owners] An owner or designated [agents] agent of an owner requiring [deposits] a deposit
16 however denominated from [renters] a renter leasing or renting a residential dwelling [units] unit
17 shall [either]:
18 (1) return [those deposits] the deposit at the termination of the tenancy; or
19 (2) (a) provide the renter with the written notice required under Section 57-17-3 explaining
20 why any deposit refundable under the terms of the lease or rental agreement is being retained[.];
21 and
22 (b) if an owner or designated agent retains a portion or all of the deposit for cleaning the
23 residential dwelling unit, comply with Subsection 58-17-3(4).
24 Section 2. Section 57-17-3 is amended to read:
25 57-17-3. Deductions from deposit -- Written itemization -- Time for return.
26 [Upon] (1) On termination of the tenancy, property or money held as a deposit may be
27 applied, at the owner's or designated agent's option[,]:

1 (a) to the payment of accrued rent[,];
2 (b) for damages to the premises beyond reasonable wear and tear[,];
3 (c) to other costs provided for in the contract; and
4 (d) for cleaning [of] the residential dwelling unit. [The balance of any deposit and prepaid
5 rent, if any, and a written itemization of any deductions from the deposit, and reasons therefor,
6 shall be delivered or mailed]
7 (2) (a) The owner or designated agent of the owner shall deliver or mail to the renter
8 [within] the information required under Subsection (2)(b), on or before the later of:
9 (i) 30 days after termination of the tenancy [or within];
10 (ii) 15 days after receipt of the renter's new mailing address[, whichever is later.]; or
11 (iii) if the rented premises are damaged, 30 days after receipt of the renter's new mailing
12 address.
13 (b) In accordance with Subsection (2)(a), the owner or designated agent of the owner shall
14 mail or deliver:
15 (i) the balance of any deposit and prepaid rent, if any; and
16 (ii) a written itemization of:
17 (A) any deductions from the deposit; and
18 (B) reasons for the deductions from the deposit.
19 (3) The renter shall notify the owner or designated agent of the location where payment
20 and notice may be made or mailed. [If there is damage to the rented premises, this period shall be
21 extended to 30 days.]
22 (4) Notwithstanding Subsection (1), an owner or designated agent of the owner may not
23 deduct monies from a deposit for cleaning of the residential dwelling unit unless the owner or
24 agent:
25 (a) complies with the requirements of Subsection (2); and
26 (b) inspects the residential dwelling unit in the physical presence of the renter, unless the
27 renter leaves without providing notice to the owner or designated agent.
28 Section 3. Section 57-17-5 is amended to read:
29 57-17-5. Failure to give renter required notice -- Recovery of deposit, penalty and
30 costs.
31 (1) If the owner of a residential dwelling unit or [his] the designated agent of the owner

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1 in bad faith [fails within 30 days after termination of the tenancy or within 15 days after receipt
2 of the renter's new mailing address, whichever is later, to provide the renter the notice required in]
3 violates the requirements of Section 57-17-3, the renter may recover:
4 (a) the full deposit[,];
5 (b) a civil penalty of $100[,]; and
6 (c) court costs. [Receipt of]
7 (2) Notwithstanding Subsection (1), a renter may recover under Subsection (1) only if the
8 renter provides the renter's new address [must occur] to the owner or the owner's designated agent
9 within 30 days of termination of tenancy.




Legislative Review Note
as of 10-6-97 7:48 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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