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2019 Utah Code
Title 57 - Real Estate
Chapter 17 - Residential Renters' Deposits
Section 5 - Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
Universal Citation: UT Code § 57-17-5 (2019)
Effective 5/12/2015
57-17-5. Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
Amended by Chapter 258, 2015 General Session
57-17-5. Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
- (1) If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
- (a) recover from the owner:
- (i) if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit;
- (ii) if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and
- (iii) a civil penalty of $100; and
- (b) file an action in district court to enforce compliance with the provisions of this section.
- (a) recover from the owner:
- (2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.
- (3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).
- (4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
Amended by Chapter 258, 2015 General Session
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