Security Deposit Rules
in Your Lease
How this page is sourced
Statutes verified against primary state sources
Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publicationLast updated: October 2026
What it actually means, what Utah law says, what's specific to Salt Lake City - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- No section we read in Utah or Salt Lake City law caps the size of a deposit.
- The balance, any prepaid rent and an itemized list are due within 30 days of moving out.
- Any non-refundable part must be put in writing when you pay the deposit.
- Late? Serve the statutory notice. An owner still not complying five business days later owes the full deposit plus $100.
- Salt Lake City requires a move-in inventory and sets a move-out standard that excepts reasonable wear and tear.
At move-in
Before you hand over the deposit
Any non-refundable part must be stated in writing when the deposit is taken (§ 57-17-2). Before signing, expect an inventory, condition form or walkthrough (§ 57-22-4(6)).
How Utah compares
Deposit caps across the states we cover
3 months or more2 months1.5 months1 monthNo capGuide coming soonYou are here
See all 27 cities as a chart
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Understanding the Security Deposit Rules
This page is for Salt Lake City renters asking how much deposit a landlord can take and how to get it back. Utah's deposit chapter, as we read it, does not limit the amount.
It controls the return instead: a 30-day deadline and a written list of every deduction. The penalty is not automatic.
You have to serve a written notice in the form the statute sets out, and only then does the owner's final five business days start.
What renters assume
A lease that calls the deposit non-refundable settles it: the owner keeps the money and owes you no explanation when you leave.
What is actually true
§ 57-17-2 says a non-refundable part "must be so stated in writing to the renter at the time the deposit is taken". The rest comes back, or each deduction is itemized and explained in writing within 30 days (§ 57-17-3(2)).
Salt Lake City draws no bar in the comparison further down this page, because our record of Utah's deposit chapter finds no cap figure to plot. Of the 27 rows, 14 print a cap figure and 13 print none.
Las Vegas tops it at 3 months, then Denver, Atlanta, Philadelphia, Charlotte and Kansas City at 2 months.
Phoenix, Newark and Detroit stand at 1.5 months, and Los Angeles, New York City, Boston, Washington and Baltimore at 1 month. Salt Lake City sits with Austin, Miami, Chicago, Seattle, Nashville, Portland, Columbus, Minneapolis, Milwaukee, Indianapolis, Louisville and Oklahoma City.
A bar measures what a landlord may take at signing. Utah's 30-day return, the five business days after your notice and the $100 penalty all sit outside what a bar can draw.
Security Deposit Forfeiture Example - What the Wording Looks Like in Salt Lake City, UT
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
THE TENANT MAY NOT APPLY OR DEDUCT ANY PORTION OF THE SECURITY DEPOSIT FROM THE LAST MONTH’S RENT OR USE OR APPLY SUCH SECURITY DEPOSIT AT ANY TIME IN LIEU OF PAYMENT OF RENT.
IF TENANT FAILS TO COMPLY WITH THIS SECTION, THE SECURITY DEPOSIT SHALL BE FORFEITED AND THE LANDLORD MAY RECOVER THE RENT DUE…
Quoted from the published opinion in Burgess v. Stroud, 17 Kan. App. 2d 560, 840 P.2d 1206 (1992). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
What the 4 highlighted phrases mean
“MAY NOT APPLY OR DEDUCT ANY PORTION”
Utah's deposit chapter puts the power to apply the money on the owner's side. § 57-17-3(1) lets the owner apply a deposit toward “rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.” Our record of Chapter 17 finds no sentence on a tenant who deducts the deposit from rent, which leaves the paragraph you signed as the document that answers it.
See the example
“FROM THE LAST MONTH’S RENT”
Utah keeps the deposit and prepaid rent in separate columns. § 57-17-3(2) has the owner return “the balance of any deposit” and, as its own item, “the balance of any prepaid rent”, no later than 30 days after you vacate and return possession. If a landlord takes the last month's rent at signing, ask for a receipt that calls it prepaid rent, since the statute names the two balances apart.
See the example
“IF TENANT FAILS TO COMPLY”
The Kansas court in Burgess read a forfeiture strictly and asked what the tenant had actually done, refusing to let silence trigger it. Utah's deposit penalty turns on an act too, and it is the tenant's. The money under § 57-17-5(1) is owed by an owner who still has not complied after the renter's notice. § 57-17-5(3) then says 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)”.
See the example
“SHALL BE FORFEITED”
Utah wants a forfeiture announced at the start and explained at the end. § 57-17-2 says a part that is to be non-refundable “must be so stated in writing to the renter at the time the deposit is taken”. For anything refundable, § 57-17-1 calls for “written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained”, and § 57-17-3(2) wants each deduction itemized and explained.
See the example
Forfeiture reversed - the clause was never triggered. The trial court had let the landlord keep the whole $400 deposit. On appeal the court held that statutory forfeiture “impose[s] a drastic remedy and must be strictly construed”, and so requires affirmative action by the tenant - not mere inaction or silence.
How this state's law treats this clause
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Utah Law on Security Deposit Rules
- The 30 day clock runs from move-out.
Read the law's words
Utah Code § 57-17-3(2) says that "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 shall mail or deliver to the renter's last known address, "or electronically to the renter by a means provided to the owner or owner's agent by the renter", the balance of any deposit, the balance of any prepaid rent and, if anything was deducted, "a written notice that itemizes and explains the reason for each deduction." Section 57-17-3(1) lists what a deposit may be applied to: "rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit." - The penalty depends on a second notice from the renter.
Read the law's words
If the 30 day duty is missed, § 57-17-3(3) lets the renter serve a "TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION" in the statutory form, and § 57-17-3(5) gives the owner five business days after service to comply. Under § 57-17-5(1) an owner who still fails owes "the full deposit", the full prepaid rent if that was not returned, and "a civil penalty of $100". Section 57-17-5(3) says 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)", and § 57-17-5(2) awards costs and attorney fees only "if the court determines that the opposing party acted in bad faith." - Every deposit is covered, whatever it is called, and a non-refundable part must be written down.
Read the law's words
Section 57-17-1 applies to owners "requiring deposits however denominated" and requires them to return those deposits or give "written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained." Section 57-17-2 says that if "any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken". Under § 57-17-4 whoever holds the owner's interest when the tenancy ends "shall be bound by the provisions of this act." - A move-in record is required before signing.
Read the law's words
Utah Code § 57-22-4(6) says that before entering into a rental agreement the owner shall either provide "a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear", furnish a form for the renter to document the unit's condition and allow "a reasonable time" to return it, or "provide the prospective renter an opportunity to conduct a walkthrough inspection", although § 57-22-4(9) says a renter may not use an owner's failure to comply with that subsection "to bring a cause of action against the owner." Salt Lake City Code § 18.96.040(A) separately requires "an inventory of the condition of the premises" to be given to each tenant when the rental agreement is entered into.
Sources include Utah Code § 57-17-1; Utah Code § 57-17-2; Utah Code § 57-17-3; Utah Code § 57-17-4; Utah Code § 57-17-5; Utah Code § 57-22-4(6); Utah Code § 57-22-4(9); Utah Code § 57-20-1; Utah Code § 57-22-7; Salt Lake City Code § 18.96.060; Salt Lake City Code § 18.96.040 - statutes change; verify the current text for your situation.
Utah's deposit rules sit in Utah Code §§ 57-17-1 to 57-17-5. They cover every deposit, whatever the lease calls it (§ 57-17-1).
- Non-refundable parts. Must be stated in writing when the deposit is taken (§ 57-17-2).
- Uses. A deposit may be applied to "rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit" (§ 57-17-3(1)).
- Return. Within 30 days after you vacate and return possession, the owner sends the balance of the deposit and any prepaid rent, with a written notice that itemizes and explains each deduction (§ 57-17-3(2)).
- Penalty. If that is missed, you serve the "TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION" (§ 57-17-3(3)). An owner who has not complied five business days later owes the full deposit, any unreturned prepaid rent and a $100 civil penalty (§§ 57-17-3(5), 57-17-5(1)). Without that notice you get no relief under the section (§ 57-17-5(3)). A court awards costs and attorney fees only if the opposing party acted in bad faith (§ 57-17-5(2)).
Whoever holds the owner's interest when the tenancy ends is bound too (§ 57-17-4). Read the current text on le.utah.gov before you rely on these figures.
What's Specific to Salt Lake City
The Salt Lake City Code chapters we read (18.96, 5.14 and 5.15) set no deposit limit. § 18.96.040(A) requires an inventory of the condition of the premises when the rental agreement is entered into. On leaving, § 18.96.060(I) requires you to restore the premises to their initial condition "except for reasonable wear and tear or conditions caused by the property owner." Utah's § 57-20-1(1) and § 57-22-7(1) limit what a city may enact; we take no position on how they apply here.
§ 57-17-2 requires it in writing at the time the deposit is taken. Check the lease and your receipt.
§ 57-22-4(6) calls for one before you sign, and Salt Lake City's § 18.96.040(A) requires an inventory.
§ 57-17-3(2) requires each deduction itemized and explained in writing. A flat forfeiture skips that list.
§ 57-17-3(2) runs 30 days from the day you vacate and return possession. A longer window asks you to wait past it.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Utah Code § 57-17-1; Utah Code § 57-17-2; Utah Code § 57-17-3; Utah Code § 57-17-4; Utah Code § 57-17-5; Utah Code § 57-22-4(6); Utah Code § 57-22-4(9); Utah Code § 57-20-1; Utah Code § 57-22-7; Salt Lake City Code § 18.96.060; Salt Lake City Code § 18.96.040, read on web.archive.org. Read in the Utah Legislature's own Chapter 17 file as archived by the Wayback Machine on September 9, 2026, whose history notes run to Laws of Utah 2025, chapter 275; le.utah.gov could not be reached directly, and FindLaw's copy of § 57-17-3, marked current as of January 1, 2025, still prints the text from before that amendment. The Salt Lake City Code was read on American Legal Publishing as current through Ord. 40-26, passed June 16, 2026 (2026 S-21); confirm the current text before relying on it.
Red Flags to Watch Out For
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A non-refundable charge you first hear of at move-out
§ 57-17-2 ties the writing to the day the deposit is taken, not the day you leave.
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A deduction with no explanation
§ 57-17-3(2) calls for "a written notice that itemizes and explains the reason for each deduction." A lump sum with no reasons does not answer that.
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A damage charge for reasonable wear and tear
§ 57-17-3(1) covers damages "beyond reasonable wear and tear", and Salt Lake City's § 18.96.060(I) excepts it from the move-out standard.
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No way for the owner to reach you after move-out
The refund goes to your last known address or electronically by a means you provided (§ 57-17-3(2)). Give both in writing when you hand back the keys.
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A Salt Lake City rule cited for a deposit figure
The Salt Lake City Code chapters we read set no deposit limit. Ask which section the lease means, and read the current code.
Your Rights as a Salt Lake City Tenant
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The balance within 30 days
The deposit and any prepaid rent, no later than 30 days after you vacate and return possession (§ 57-17-3(2)).
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A reason for every deduction
A written notice that itemizes and explains each deduction (§ 57-17-3(2)), and written notice of why any refundable deposit is kept (§ 57-17-1).
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The full deposit plus $100 after your notice
If the owner has not complied five business days after you serve the § 57-17-3(3) notice: the full deposit and a $100 civil penalty (§ 57-17-5(1)).
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A condition report at move-in
Before signing, an inventory, condition form or walkthrough (§ 57-22-4(6)) and the city's inventory (§ 18.96.040(A)). § 57-22-4(9) bars a suit over a missed one.
What To Do - Step by Step
Get the inventory before you sign
§ 57-22-4(6) and § 18.96.040(A) both call for a written note of the unit's condition. Keep your copy with the lease.
Find any non-refundable line
Ask for a receipt that splits the refundable deposit, any non-refundable fee and any prepaid rent (§ 57-17-2).
Photograph the unit at both ends
Dated photos of every room at move-in and move-out are what an itemized notice gets compared against.
Record the day you return possession
The 30 days run from it. Return the keys in a way you can prove, and leave a forwarding address and an email in writing.
Count 30 days, then serve the notice
No balance and no itemized notice by day 30? Serve the "TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION" in the form § 57-17-3(3) sets out, and keep proof of service.
Count five business days, then claim
If the owner still has not complied, claim the full deposit and the $100 penalty in writing (§ 57-17-5(1)). A legal aid office is the next call.
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Security Deposit rules near Utah
The same clause in the nearest states we cover.
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