Utah Code 57-17-3. Deductions from deposit — Written itemization — Time for return
Terms Used In Utah Code 57-17-3
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Swear: includes "affirm. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(2) No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner’s agent, the owner or the owner’s agent shall deliver to the renter at the renter’s last known address:(2)(a) the balance of any deposit;(2)(b) the balance of any prepaid rent; and(2)(c) if the owner or the owner’s agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction.(3) If an owner or the owner’s agent fails to comply with the requirements described in Subsection (2), the renter may serve the owner or the owner’s agent, in accordance with Subsection (4), a notice that:(3)(a) states:(3)(a)(i) the names of the parties to the rental agreement;(3)(a)(ii) the day on which the renter vacated the rental property;(3)(a)(iii) that the owner or the owner’s agent has failed to comply with the requirements described in Subsection (2); and(3)(a)(iv) the address where the owner or the owner’s agent may send the items described in Subsection (2); and(3)(b) is substantially in the following form:TENANT’S NOTICE TO PROVIDE DEPOSIT DISPOSITION TO: (insert owner or owner’s agent’s name)
RE: (insert address of rental property)
NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) CALENDAR DAYS pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner’s agent must provide the tenant, at the address below, a refund of the balance of any security deposit, the balance of any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as allowed by law.
NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of ___________, 20___.
NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the provisions of the statute, the owner may be liable for the tenant’s court costs and attorney fees.
Tenant’s Name(s):_____________________________________
Mailing Address_____________________ City____________ State_____ Zip_______
This is a legal document. Please read and comply with the document’s terms.
Dated this ______ day of _____________, 20____.
Return of Service On this _____ day of ____________, 20____, I swear and attest that I served this notice in compliance with Utah Code Section 57-17-3 by:
____ Delivering a copy to the owner or the owner’s agent personally at the address provided in the lease agreement;
____ Leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement because the owner or the owner’s agent was absent from the address provided in the lease agreement;
____ Affixing a copy in a conspicuous place at the address provided in the lease agreement because a person of suitable age or discretion could not be found at the address provided in the lease agreement; or
____ Sending a copy through registered or certified mail to the owner or the owner’s agent at the address provided in the lease agreement.
The owner’s address to which the service was effected is:
Address________________________ City______________ State_____ Zip_______
_________________ (server’s signature)
Self-Authentication Declaration Pursuant to Utah Code Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, I declare under criminal penalty of the State of Utah that the foregoing is true and correct.
Executed this _____ day of _____________, 20____.
___________________ (server’s signature)
(4) A notice described in Subsection (3) shall be served:(4)(a)(4)(a)(i) by delivering a copy to the owner or the owner’s agent personally at the address provided in the lease agreement;(4)(a)(ii) if the owner or the owner’s agent is absent from the address provided in the lease agreement, by leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement; or(4)(a)(iii) if a person of suitable age or discretion cannot be found at the address provided in the lease agreement, by affixing a copy in a conspicuous place at the address provided in the lease agreement; or(4)(b) by sending a copy through registered or certified mail to the owner or the owner’s agent at the address provided in the lease agreement.(5) Within five business days after the day on which the notice described in Subsection (3) is served, the owner or the owner’s agent shall comply with the requirements described in Subsection (2).