In Utah, if your residential lease has been terminated and you have vacated the property, then your landlord has 30 days to return: (1) the security deposit, (2) any prepaid rent, and/or (3) an itemized explanation of any deductions from the balance of the deposit.
If your landlord has failed to make the required returns within 30 days you can serve your landlord a statutory notice of the violation. Your landlord then has 5 days after being served this notice to return the security deposit, prepaid rent, and/or any explanation of deductions. If the landlord still hasn't complied within 5 days, then you can bring a lawsuit against the landlord to recover your deposit.
If all of the above can be proven in court, you should be able to recover all of your deposit, any prepaid rent, and a civil penalty of $100. If it can also be proven that the landlord acted in bad faith, i.e., he or she intentionally refused to return the deposit or itemized deductions, then you can also recover your litigation costs and attorney fees.
If you or someone you know has experienced this situation, have them call J.Cutler Law at (801) 285-7602 or schedule a free consultation below.