What are the security deposit rules in Utah?
Utah sets no cap on residential security deposits, but a landlord must return the deposit balance — with an itemized written explanation of any deductions — within 30 days after the renter vacates and returns possession of the unit.
Return may be by mail, hand delivery, or, since May 2025, electronically if the renter provided an electronic means. Utah is unusually explicit that part of a deposit may be made nonrefundable: that is legal only if there is a written agreement and the nonrefundable portion is disclosed to the renter in writing when the deposit is taken. The penalty regime is also unusual: a landlord who misses the 30-day deadline owes nothing extra until the renter serves a statutory 'Notice to Provide Deposit Disposition' — if the landlord then fails to comply within five business days, the renter can recover the entire deposit, all prepaid rent, and a $100 civil penalty, with attorney fees available only against a party the court finds acted in bad faith. A renter who skips the notice step is entitled to no statutory relief at all.
Utah security deposits at a glance
| Maximum deposit | No statutory cap |
|---|---|
| Return deadline | 30 days |
| Deadline conditions | The 30 days run from 'the day on which a renter vacates and returns possession of a rental property' (57-17-3(2)) — both must happen; there is no forwarding-address trigger in current law. The owner must mail or deliver the deposit balance, any prepaid rent balance, and (if deductions were made) an itemized written notice to the renter's last known address, or electronically by a means the renter provided (electronic option added by HB 480, Ch. 275, 2025 GS, eff. 5/7/2025). |
| Itemization required | Yes |
| Itemization rules | If any deductions are taken from the deposit or prepaid rent, the owner must provide 'a written notice that itemizes and explains the reason for each deduction' (57-17-3(2)(c)). Permitted deductions: unpaid rent, damages beyond reasonable wear and tear, other costs and fees provided for in the contract, and cleaning of the unit (57-17-3(1)). Separately, 57-17-1 requires owners to either return deposits at termination or give written notice explaining why any refundable deposit is being retained. |
| Separate account required | No |
| Interest owed to tenant | No |
| Account & interest rules | No Utah statute requires deposits to be held in a separate or escrow account or to earn interest — Title 57, Chapter 17 contains only five sections (full-chapter negative check on the official table of contents), and none addresses accounts or interest. |
| Pet deposits | No pet-deposit statute exists. Chapter 17 applies to 'deposits however denominated' (57-17-1), so a pet deposit follows the same rules: no cap, 30-day return, itemization, and the nonrefundable-if-disclosed-in-writing option under 57-17-2. |
| Non-refundable fees allowed | Yes |
| Penalty for violation | Conditional, and weaker than most states: if the owner misses the 30-day deadline, the renter must first serve a statutory 'Tenant's Notice to Provide Deposit Disposition' (form and four service methods prescribed in 57-17-3(3)-(4)). Only if the owner then fails to comply within five business days of service (57-17-3(5)) may the renter recover the full deposit, the full prepaid rent, and a $100 civil penalty (57-17-5(1)). A renter who never serves the notice 'is not entitled to relief' (57-17-5(3)). Costs and attorney fees go to the prevailing party only if the court finds the opposing party acted in bad faith (57-17-5(2)); other actual damages remain recoverable either way (57-17-5(4)). |
| Tenant forwarding-address duty | No duty to furnish a forwarding address to start the 30-day clock (the pre-amendment '15 days after receipt of the renter's new mailing address' trigger is gone). But to unlock the statutory remedies, the renter must serve the 57-17-3(3) notice, which must state an address where the owner may send the deposit and itemization. |
Notes and caveats
Statute citations
- Utah Code § 57-17-3 (1)-(5) Official source
- Utah Code § 57-17-5 (1)-(4) Official source
- Utah Code § 57-17-2 Official source
- Utah Code § 57-17-1 Official source
How this record was verified: Direct read of statute text on the official Utah Legislature site (le.utah.gov): the versioned section content files behind the xcode pages for Utah Code 57-17-1 through 57-17-5, 57-22-2, 57-22-3, 57-22-4, 57-22-7, 57-20-1, 78B-6-802, and 10-8-85.5, plus the chapter tables of contents for Title 57 Chapters 17 and 22 (negative checks). Every load-bearing figure re-read on law.justia.com's 2025 Utah Code mirror and matched verbatim: the 30-day deposit return clock and its vacate-plus-return-of-possession trigger, the five-business-day cure window and $100 civil penalty with the 57-17-3(3) notice prerequisite, the late-fee cap ('the greater of 10% of the rent agreed to in the rental agreement; or $75'), the 24-hour entry-notice default and its 'except as otherwise provided in the rental agreement' carve-out, the 57-22-4(9) no-cause-of-action clause, the 15-calendar-day month-to-month termination notice of 78B-6-802(1)(b)(i), and the 57-20-1 rent and fee control prohibition. Bill attributions and statuses verified against le.utah.gov's own bill-status JSON endpoint and enrolled/introduced bill texts: 2021 HB 68 (Ch. 98, late-fee cap and entry notice, eff. 5/5/2021), 2025 HB 480 (Ch. 275, electronic deposit returns, eff. 5/7/2025), 2026 HB 591 (Ch. 401, nuisance-only changes to 78B-6-802, eff. 5/6/2026). 2026 General Session (adjourned sine die March 2026, no carryover) checked: HB 478 (rent-increase/fee notice) and HB 516 both died 'House/ filed' 3/6/2026; no enacted 2026 law touches the four topics.