Security deposits are one of the most common sources of disputes between landlords and tenants. Utah law sets rules for how deposits can be used, when they must be returned, and what tenants can do if a landlord does not comply.
This page explains how security deposits work under Utah law and what rights tenants have when a tenancy ends.
What Is a Security Deposit?
A security deposit is money a tenant pays before moving into a rental unit. The deposit protects the landlord if the tenant:
- Fails to pay rent
- Damages the property beyond normal wear and tear
- Leaves the unit excessively dirty
- Owes other costs allowed under the rental agreement
Although the landlord holds the deposit during the tenancy, the money still belongs to the tenant unless the landlord has a lawful reason to keep part of it.
Deposits may include several components, such as:
- General security deposit
- Pet deposit
- Cleaning deposit
- Key or damage deposits
No Limit on Security Deposits in Utah
Utah law does not limit the amount a landlord can charge as a security deposit.
However, the amount must generally be agreed to in the rental agreement.
When Must the Deposit Be Returned?
Whether these are refundable depends on the terms of the lease. Any non-refundable portion must be clearly stated in writing when the deposit is collected.
Under the Utah Code § 57-17-3, a landlord must return any refundable portion of the deposit, short of expenses, no later than 30 days after the tenant vacates and returns possession of the rental property.
Within that time, the landlord must send the tenant:
- The remaining balance of the security deposit
- The balance of any prepaid rent
- A written, itemized list of deductions, if any, were taken from the deposit
The landlord may deliver this information:
- By mail to the tenant’s last known address, or
- Electronically if the tenant provided a method for electronic communication
What Can a Landlord Deduct From a Deposit?
A landlord may deduct money from the deposit for certain legitimate expenses, including:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning the unit
- Costs or fees allowed in the rental agreement
Tenants may be responsible for damage such as:
- Broken fixtures or appliances
- Large holes in walls
- Pet damage
- Excessive dirt or trash left behind
However, a landlord cannot deduct for normal wear and tear, which typically includes:
- Minor carpet wear
- Small nail holes from hanging pictures
- Light scuffs on walls
- Faded paint from normal use
What If the Landlord Does Not Return the Deposit?
If the landlord does not return the deposit or provide an itemized list within 30 days, the tenant can send a formal written notice called a Tenant’s Notice to Provide Deposit Disposition.
After receiving this notice, the landlord has five business days to:
- Return the deposit balance and prepaid rent, and
- Provide the required itemized explanation of deductions
What If the Landlord Still Does Not Comply?
If the landlord still fails to comply after receiving the notice, the tenant may file a claim in court.
Under Utah Code § 57-17-5, a tenant may be able to recover:
- The entire security deposit
- The full amount of any prepaid rent
- A $100 civil penalty
- Court costs, and possibly attorney fees if the landlord acted in bad faith
Tips for Protecting Your Deposit
Tenants can reduce disputes by documenting the condition of the rental unit.
Helpful steps include:
- Take photos or videos when moving in and moving out
- Complete any move-in condition checklist
- Keep copies of the lease and deposit receipts
- Leave the unit clean and free of belongings
- Provide a forwarding address when you move out
Clear documentation can make a major difference if there is a disagreement about deductions.