Q: Can my ex landlord keep my deposit just cause she wants to ??
I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so I’m wondering If I can maybe talk to the office about it? I just don’t want to get screwed over as this has happened to me once with another landlord that said they would give me my deposit back and never did. I even left before the month ended because she was pressuring me to move out because she needed to rent it to a family member. I live in Utah. And would like some help please!? What can I do?
In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean after you left.
Utah Code 57-17-2 Non-refundable deposit -- Written notice required.
If there is a written agreement and 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 by the owner or
57-17-3. Deductions from deposit -- Written itemization -- Time for return.
(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.
(2) 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 or the owner's agent shall deliver to the renter at the renter's last known address:
(a) the balance of any deposit;
(b) the balance of any prepaid rent; and
(c) if the owner or the owner's agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction.
(3) If an owner or the owner's agent fails to comply with the requirements described in Subsection (2), the renter may serve the owner or the owner's agent, in accordance with Subsection (4), a notice that:
(i) the names of the parties to the rental agreement;
(ii) the day on which the renter vacated the rental property;
(iii) that the owner or the owner's agent has failed to comply with the requirements described in Subsection (2); and
(iv) the address where the owner or the owner's agent may send the items described in Subsection (2); and
(b) is substantially in the following form:
Benton Matthew Eskelsen agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.