Superseded 7/1/2024
(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:
Need help with a review of a residential lease? Chat with an attorney and protect your rights.Terms Used In Utah Code 57-17-5- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(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. |
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(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