Overview
Utah's security deposit laws are governed primarily by the Fit Premises Act (Utah Code § 57-17-1 et seq.). Utah does not impose a statutory limit on security deposit amounts, giving landlords flexibility in setting deposit requirements. However, the law provides clear rules for the return timeline and allowable deductions.
This guide covers everything landlords and tenants need to know about security deposits in Utah.
Deposit Limits
Utah has no statutory limit on security deposit amounts. Landlords may charge any amount they choose. In practice, most landlords in Utah charge one to two months' rent as a security deposit.
Landlords must clearly disclose in writing any portion of the deposit or fees that are nonrefundable. If a fee is not specifically designated as nonrefundable, it is presumed to be refundable under Utah law.
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Costs to repair damage caused by the tenant or the tenant's guests
- Cleaning costs: Charges to restore the unit to the same level of cleanliness as at move-in
- Other lease obligations: Costs for any other breach of the lease agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs or marks on walls
- Small nail holes from hanging pictures
- Carpet wear from ordinary foot traffic
- Faded paint or wallpaper from sunlight exposure
Damage beyond normal wear and tear includes:
- Large holes in walls or doors
- Stains, burns, or tears in carpet or flooring
- Broken windows, blinds, or fixtures
- Pet damage to surfaces or landscaping
- Excessive dirt or grime requiring professional cleaning
Return Timeline
Landlords must return the security deposit within 30 days of the tenant vacating the unit. The return must include:
- The remaining deposit amount (if any deductions were made)
- A written notice itemizing each deduction and the amount charged
The tenant must provide the landlord with a written forwarding address to receive the deposit. The 30-day period begins when the tenant has both vacated the premises and provided this address.
If the landlord fails to return the deposit or provide the required itemization within 30 days, the landlord may forfeit the right to withhold any portion of the deposit, and the entire deposit must be returned to the tenant.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can take the following steps:
- Send a written demand letter to the landlord requesting return of the deposit
- File a claim in Small Claims Court for amounts up to $11,000
- Seek the full deposit: If the landlord failed to return the deposit or provide an itemization within 30 days, the tenant may be entitled to the entire deposit amount
Utah law does not provide for statutory penalties beyond the deposit amount, but tenants may recover court costs and attorney's fees in some cases. Landlords bear the burden of proving that deductions were reasonable and properly documented.
Tenants should document the condition of the rental unit at move-in and move-out with dated photographs and videos. A written move-in condition report signed by both parties is strongly recommended.