| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Charges outlined in lease Cleaning costs |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Failure to Return | Deposit + $100 |
For laws on security deposit collections and holdings in Utah, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Utah
Utah allows these deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Other charges outlined in the lease
- Cleaning costs
Most states, including Utah, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What Is Considered Normal Wear and Tear in Utah?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Utah?
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Utah?
Utah landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Utah?
Landlords in Utah can charge a cleaning fee if:
- The tenant specifically agrees to it in the lease
- The cleaning applies only to damage beyond normal wear and tear
- The cleaning fee is reasonable (within standard rates for the area, and reflects the landlord’s actual expenses)
A non-refundable cleaning fee must be agreed in the lease by the tenant.
Can the Landlord Charge for Painting in Utah?
Utah landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in Utah?
Utah law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in Utah
Landlords must return a security deposit to the tenant’s last known address no later than 30 days after the tenant vacates the rental unit. If the landlord intends to make deductions, they must include an itemized statement of deductions.
How Long Do Landlords Have To Return Security Deposits in Utah?
Utah landlords have 30 days after the tenant vacates the rental unit to return any remaining portion of a security deposit.
Do Landlords Owe Interest on Security Deposits in Utah?
Unlike in some states, such as New Jersey, landlords in Utah do not owe interest on security deposits.
How Do Landlords Give Notice in Utah?
Written notice must be delivered to the tenant’s last known address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
If a landlord does not return the security deposit within the 30-day time period, the tenant must send the landlord a Notice To Provide Deposit Disposition before filing a court case.
The notice must be sent to the address provided in the lease agreement by:
- Certified or registered mail
- Hand-delivery to the owner or their agent, or by leaving a copy with someone of suitable age and discretion
- Posting a copy in a conspicuous place if a person of suitable age cannot be found
If the landlord fails to return the security deposit within 5 business days after receiving the notice, the tenant can file for damages in court.
Security Deposit Disputes in Utah
If landlords do not return the security deposit within 5 business days after receiving the tenant’s notice, tenants can file for damages in court up to the full amount of the deposit plus $100.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice when deductions are made from a security deposit
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Utah?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $15,000. If the amount is greater, the tenant must file in District Court.
A small claims case must be filed within 4 or 6 years depending on whether the lease agreement was oral or written. An attorney is not required but permitted. Cases are filed in the Small Claims Court for the county where the defendant lives or the property is located. Filing fees are $60 to $185 depending on the claim amount.
Sources
- 1 Utah Code § 57-17-3(1) & (2)
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(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.
(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 deliver to the renter at the renter’s last known address:
(a) the balance of any deposit;
(b) the balance of any prepaid rent; and
(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.
- 2 Utah Code § 57-17-5
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(1) If an owner or the owner’s agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
(a) recover from the owner:
(i) if the owner or the owner’s agent failed to timely return the balance of the renter’s deposit, the full deposit;
(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
(iii) a civil penalty of $100; and
(b) file an action to enforce compliance with the provisions of this section.
(2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.
(3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).
(4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
Source Link - 3 Utah Code § 57-17-2
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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.
Source Link
- 4 Utah Code § 57-17-3(3)
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If an owner or the owner’s agent fails to comply with the requirements described in Subsection (2), the renter may serve the owner or the owner’s agent, in accordance with Subsection (4), a notice that:
(a) states:
(i) the names of the parties to the rental agreement;
(ii) the day on which the renter vacated the rental property;
(iii) that the owner or the owner’s agent has failed to comply with the requirements described in Subsection (2); and
(iv) the address where the owner or the owner’s agent may send the items described in Subsection (2); and
(b) is substantially in the following form:
TENANT’S NOTICE TO PROVIDE DEPOSIT DISPOSITION
TO: (insert owner or owner’s agent’s name)
RE: (insert address of rental property)
NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) CALENDAR DAYS pursuant to Utah Code Sections 57-17-3 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.
NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of ___________, 20___.
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.
Tenant’s Name(s):_____________________________________
Mailing Address_____________________
City____________ State_____ Zip_______
This is a legal document. Please read and comply with the document’s terms.
Dated this ______ day of _____________, 20____.
Return of Service
On this _____ day of ____________, 20____, I swear and attest that I served this notice in compliance with Utah Code Section 57-17-3 by:
____ Delivering a copy to the owner or the owner’s agent personally at the address provided in the lease agreement;
____ 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;
____ 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
____ Sending a copy through registered or certified mail to the owner or the owner’s agent at the address provided in the lease agreement.
The owner’s address to which the service was effected is:
Address________________________
City______________ State_____ Zip________________________ (server’s signature)
Self-Authentication Declaration
Pursuant to Utah Code Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, I declare under criminal penalty of the State of Utah that the foregoing is true and correct.
Executed this _____ day of _____________, 20____.___________________ (server’s signature)
Source Link - 5 Utah Code § 57-17-3(5)
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Within five business days after the day on which the notice described in Subsection (3) is served, the owner or the owner’s agent shall comply with the requirements described in Subsection (2).
Source Link
- 6 Utah Code § 57-17-3(3)(b)
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[F]ailure 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.
Source Link
- 7 Utah Code § 78A-8-102(1)
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(1) A small claims action is a civil action:
(a) for the recovery of money when:
(i) the amount claimed does not exceed:
(A) on or after May 4, 2022, through December 31, 2024, $15,000 including attorney fees but exclusive of court costs and interest;
(B) on or after January 1, 2025, through December 31, 2029, $20,000 including attorney fees but exclusive of court costs and interest; and
(C) on or after January 1, 2030, $25,000 including attorney fees but exclusive of court costs and interest; and
(ii) the defendant resides or the action of indebtedness was incurred within the jurisdiction of the court in which the action is to be maintained; or
(b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in which the amount claimed does not exceed the amount described in Subsection (1)(a)(i).
Source Link
