MODERATE RISK

Utah

Security deposit laws

Utah security deposit laws are detailed under Utah Code Title 57, Chapter 17. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Utah law. Please note that rules and regulations may vary by municipality.

Collecting & Holding

Security Deposit Amount

Utah law does not place a statutory limit on the amount a landlord can require as a security deposit. The amount is typically determined by the landlord, based on market conditions and the tenant’s creditworthiness.

Options for Holding

Landlords in Utah are not legally required to hold security deposits in separate accounts or trust funds. They can combine security deposits with their own funds, but must ensure they are returned as required by law.

Notification Requirements

There are no specific notification requirements in Utah law regarding where or how the security deposit is held.

Payment of Interest Earned

Utah law does not require landlords to pay interest on security deposits, regardless of the length of the tenancy or the amount of the deposit.

Returning

Timeline for Returning

Landlords in Utah must return the security deposit, along with an itemized list of deductions, within 30 days after the tenant vacates the property or within 15 days of receiving the tenant's new mailing address, whichever is later.

Claims Process

When returning the security deposit, landlords must provide an itemized list of all deductions, along with any remaining balance of the deposit. The list must be sent to the tenant's last known address or the address provided by the tenant and within the timeline above.

If the dispute remains unresolved, you may take the matter to small claims court. In Utah, small claims court can handle disputes involving amounts up to $11,000. Prepare to present your evidence and any documentation related to the dispute.

Permissible Deductions

Lawful deductions from the security deposit in Utah include:

  • Unpaid rent or utilities.
  • Costs of cleaning the unit, if it was not left in the same condition as when the tenant moved in (normal wear and tear excepted).
  • Costs to repair damage beyond normal wear and tear.
  • Any other funds owed to the landlord under the lease agreement.

Penalties

If a landlord fails to return the deposit or an itemized statement of deductions within the specified time, the tenant may sue to recover the deposit, plus a penalty of up to $100. Additionally, the tenant may recover court costs and reasonable attorney’s fees if they win the case.

Special Circumstances

If the landlord sells the property, they must transfer the security deposit to the new owner, who then becomes responsible for returning it to the tenant.

Utah law does not provide specific guidelines for handling security deposits in cases where the tenant breaks the lease, so the terms outlined in the lease agreement will generally apply.

DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for
general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a
qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or
warranties regarding the accuracy, completeness, or reliability of the information presented.

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