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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the return of residential renter deposits.
10 Highlighted Provisions:
11 This bill:
12 ▸ extends the time period for a residential rental property owner to provide certain
13 deposits and notices to a renter after the renter vacates the property; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 57-17-3, as last amended by Laws of Utah 2018, Chapter 298
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 57-17-3 is amended to read:
25 57-17-3. Deductions from deposit -- Written itemization -- Time for return.
26 (1) Upon termination of a tenancy, the owner or the owner's agent may apply property
27 or money held as a deposit toward the payment of rent, damages to the premises beyond
28 reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the
29 unit.
30 (2) No later than [
31 possession of a rental property to the owner or the owner's agent, the owner or the owner's
32 agent shall deliver to the renter at the renter's last known address:
33 (a) the balance of any deposit;
34 (b) the balance of any prepaid rent; and
35 (c) if the owner or the owner's agent made any deductions from the deposit or prepaid
36 rent, a written notice that itemizes and explains the reason for each deduction.
37 (3) If an owner or the owner's agent fails to comply with the requirements described in
38 Subsection (2), the renter may serve the owner or the owner's agent, in accordance with
39 Subsection (4), a notice that:
40 (a) states:
41 (i) the names of the parties to the rental agreement;
42 (ii) the day on which the renter vacated the rental property;
43 (iii) that the owner or the owner's agent has failed to comply with the requirements
44 described in Subsection (2); and
45 (iv) the address where the owner or the owner's agent may send the items described in
46 Subsection (2); and
47 (b) is substantially in the following form:
48
49 TO: (insert owner or owner's agent's name)
50 RE: (insert address of rental property)
51 NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) CALENDAR DAYS
52 pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must provide
53 the tenant, at the address below, a refund of the balance of any security deposit, the balance of
54 any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as
55 allowed by law.
56 NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day
57 of ___________, 20___.
58 NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the
59 owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of
60 $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100
61 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the
62 provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees.
63 Tenant's Name(s):_____________________________________
64 Mailing Address_____________________ City____________ State_____ Zip_______
65 This is a legal document. Please read and comply with the document's terms.
66 Dated this ______ day of _____________, 20____.
67
68 On this _____ day of ____________, 20____, I swear and attest that I served this notice
69 in compliance with Utah Code Section 57-17-3 by:
70 ____ Delivering a copy to the owner or the owner's agent personally at the address
71 provided in the lease agreement;
72 ____ Leaving a copy with a person of suitable age and discretion at the address
73 provided in the lease agreement because the owner or the owner's agent was absent from the
74 address provided in the lease agreement;
75 ____ Affixing a copy in a conspicuous place at the address provided in the lease
76 agreement because a person of suitable age or discretion could not be found at the address
77 provided in the lease agreement; or
78 ____ Sending a copy through registered or certified mail to the owner or the owner's
79 agent at the address provided in the lease agreement.
80 The owner's address to which the service was effected is:
81 Address________________________ City______________ State_____ Zip_______
82 _________________ (server's signature)
83
84 Pursuant to Utah Code Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, I declare
85 under criminal penalty of the State of Utah that the foregoing is true and correct.
86 Executed this _____ day of _____________, 20____.
87 ___________________ (server's signature)
88 (4) A notice described in Subsection (3) shall be served:
89 (a) (i) by delivering a copy to the owner or the owner's agent personally at the address
90 provided in the lease agreement;
91 (ii) if the owner or the owner's agent is absent from the address provided in the lease
92 agreement, by leaving a copy with a person of suitable age and discretion at the address
93 provided in the lease agreement; or
94 (iii) if [
95 address provided in the lease agreement, by affixing a copy in a conspicuous place at the
96 address provided in the lease agreement; or
97 (b) by sending a copy through registered or certified mail to the owner or the owner's
98 agent at the address provided in the lease agreement.
99 (5) Within five business days after the day on which the notice described in Subsection
100 (3) is served, the owner or the owner's agent shall comply with the requirements described in
101 Subsection (2).