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Security Deposits in Utah
A security deposit is an amount the tenant gives the landlord to hold when they first move onto the premises. It is to be used to cover the cost of any damages to the property when the tenant moves out, but it can also be used by the landlord to cover the cost of any unpaid rent. In the state of Utah, there is no limit on the amount that a landlord can charge for the security deposit. The deposit will need to be returned to the tenant either 30 days after the tenant vacates the unit or 15 days after the tenant provides their forwarding address. Failure to comply and send this information to the tenant can result in the landlord returning the full security deposit and paying a penalty of $100. In the state of Utah, the landlord can disclose that the security deposit is non-refundable in the original rental agreement according to statute UCA §§ 57-17-2.
Breaking a Lease in Utah
Breaking a lease is something that can come with consequences that the tenant will have to face. This can include paying the rent for the term of the lease when they are not living there, paying an extra fee, or losing the security deposit. This can also leave a mark on the tenant’s rental record that could make it more difficult to get accepted to rental property in the future. Breaking the lease because the tenant is getting married or moving to be closer to a job is not an acceptable reason to break the lease. However, there are some reasons that are considered an exception to the rule. These include:
The tenant is beginning active military duty.
The rental property violates health and safety codes.
The landlord has harassed the tenant or violated their privacy in some way.
The tenant is a victim of domestic violence.
Eviction Process in Utah
When a landlord wants to evict a person from the unit, there is a specific process that will need to be followed. The tenant can be evicted because they are non-compliant with the lease, they are doing illegal activities on the property, or they have not paid their rent. First, a Notice to Quit must be sent to the tenant, and if they do not respond, the landlord can continue with the eviction proceedings. They will need to file a Summons and Complaint at the local district court. The summons will need to be served by the sheriff, and a court date will be set. If the landlord wins the case, the tenant will have three days to vacate.