Utah Security Deposit Law: What Landlords and Tenants Need to Know
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 57-17-3, no later than 30 days after the renter vacates and returns possession, the landlord (owner or agent) must mail or deliver to the renter's last known address (or electronically by a means the renter provided) the balance of the deposit, the balance of any prepaid rent, and, if there were deductions, a written notice that itemizes and explains each one. If the landlord doesn't, the renter must serve a statutory "Tenant's Notice to Provide Deposit Disposition," which gives the landlord five business days to comply. If the landlord still doesn't, the renter may recover the full deposit, the full prepaid rent, and a $100 civil penalty, and may file an action to enforce, with court costs and attorney fees to the prevailing party if the other side acted in bad faith (§ 57-17-5). A renter who skips the notice is not entitled to that relief (§ 57-17-5(3)). Older articles that describe a "15 days after a forwarding address" rule describe the pre-2023 law.
Who this guide is for
Both Utah landlords handling deposits correctly and tenants who moved out and haven't gotten their money back. General information, not legal advice.
The deadline and what the landlord must send (§ 57-17-3(2))
- Within 30 days after the renter vacates and returns possession.
- Send to the renter's last known address, or electronically by a means the renter gave the landlord. Giving the landlord a forwarding address in writing when you move out removes any dispute about where to send it.
- What to send: (a) the balance of any deposit; (b) the balance of any prepaid rent; and (c) if there are deductions, a written itemization explaining the reason for each deduction.
What deductions are allowed (§ 57-17-3(1))
A landlord may apply the deposit toward rent, damage beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit. Normal wear and tear isn't a lawful basis for a deduction. A deposit is refundable unless the landlord told you in writing, when taking it, that part is non-refundable (§ 57-17-2).
If the landlord misses the deadline: the Tenant's Notice (§ 57-17-3(3)–(5))
- Prepare a notice stating the names of the parties, the day you vacated, that the landlord didn't comply, and the address where the landlord may send the items. The statute provides a form titled "Tenant's Notice to Provide Deposit Disposition" (substantially in that form), with a return of service.
- Serve it on the owner or agent: personally at the address in the lease; by leaving it with a person of suitable age and discretion; by affixing it in a conspicuous place if no one can be found; or by registered or certified mail to the address in the lease.
- The landlord then has five business days after service to comply with the 30-day requirements.
What a tenant can recover (§ 57-17-5)
If the landlord still fails: the full deposit, the full prepaid rent, a $100 civil penalty, and an action to enforce. The court shall award costs and attorney fees to the prevailing party if it finds the opposing party acted in bad faith. The statute doesn't prevent either side from recovering other damages they are entitled to.
If you're a tenant
- Document the unit with dated photos or video at move-in and move-out.
- Give a written forwarding address and keep proof.
- Calendar day 30. If nothing arrives, serve the statutory notice and keep the return of service.
- Sue in small claims if needed: see Utah Small Claims: How to File and the free letter template on Free Utah Legal Forms and Templates.
- Disputed deductions: see Utah Small Claims Consumer Disputes.
If you're a landlord
- Send the balance and itemized deductions within 30 days of move-out and return of possession.
- Keep receipts and photos supporting each deduction.
- Respond within five business days of any properly served tenant notice to avoid the $100 penalty and full forfeiture.
- See Utah Lease Agreement Requirements and Utah Eviction Process for Landlords.
Frequently asked questions
How long does a Utah landlord have to return a deposit?
Within 30 days after the renter vacates and returns possession.
What if my landlord ignores the 30-day deadline?
Serve the statutory "Tenant's Notice to Provide Deposit Disposition"; the landlord then has five business days. If the landlord still doesn't comply, you can recover the deposit, prepaid rent and a $100 penalty.
Can a landlord charge for normal wear and tear?
No. Deductions are limited to rent, damage beyond reasonable wear and tear, other contractual costs, and cleaning.
Is there a cap on how much deposit a landlord can take?
Chapter 17 doesn't state a cap; check your lease and any local rules.
Does this apply if the tenant was evicted?
The deposit framework still applies; deductions for rent owed and damage may reduce what is returned.