Utah Code § 57-17 § 57-17-5
Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
Operative Text
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 to enforce compliance with the provisions of this section. (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.
Utah Code Ann. § 57-17-5 establishes consequences when a landlord or their agent fails to comply with the deposit and prepaid rent return requirements set out in § 57-17-3(5). When that happens, the renter may recover the full deposit and/or full prepaid rent that was not timely returned, plus a civil penalty of $100. If the matter goes to court and the losing party is found to have acted in bad faith, the court must award costs and attorney fees to the prevailing party. Importantly, a renter who did not properly serve the required notice under § 57-17-3(3) is not entitled to these remedies, and the section does not limit either party from pursuing other damages they may be owed.
Plain English — not legal advice.
Under Utah Code Ann. § 57-17-5, operators who fail to timely return a renter's deposit balance or prepaid rent in accordance with § 57-17-3(5) expose themselves to liability for the full deposit, the full prepaid rent, and a $100 civil penalty. Compliant operators generally document the condition of the unit, account for any lawful deductions, and return remaining balances within the statutory timeframe along with any required written notice. Operators who are found to have acted in bad faith in subsequent litigation also risk being ordered to pay the renter's court costs and attorney fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 57-17-5 gives renters the right to recover their full deposit and/or prepaid rent — not just the withheld balance — plus a $100 civil penalty if an owner or their agent fails to meet the return requirements of § 57-17-3(5). However, this protection is only available to renters who properly served the notice required by § 57-17-3(3), so documenting that notice is an important step. Renters who believe their rights under this section have been violated may file a court action to enforce compliance, and if the owner is found to have acted in bad faith, the court must award costs and attorney fees to the prevailing party; tenant-rights organizations in Utah can help renters understand these general enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes that cite this regulation