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Security Deposit

Utah law allows for the collection and retention of a rental security deposit. The landlord has a duty to safeguard the deposit, meaning it must be kept separate from his or her general account or personal money so that it is not accidentally spent or subject to creditors.

If the security deposit is intended to be non-refundable, the lease agreement must clearly state so at the time the lease is signed.

The landlord may use the deposit for cleaning and repair of damages caused by the tenant or to pay past due rent.

After a tenant moves from the property, the landlord has 30 days to send an invoice to the tenant explaining what the deposit was used for and/or giving a refund or partial refund of the deposit. The invoice must be sent to the tenant’s last known address.

If the landlord does not provide the invoice or refund as described above, the tenant must serve notice of that fact to the landlord giving him or her five days to comply with the requirements. If the landlord does not comply within five days, the tenant may then file suit in district court seeking a refund of the deposit, a civil penalty of $100, and attorney fees.