Utah Code § 57-17 § 57-17-2
Non-refundable deposit -- Written notice required.
Operative Text
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 designated agent.
Utah Code Ann. § 57-17-2 establishes that when a landlord and tenant have a written rental agreement, any portion of a deposit that will not be returned to the tenant must be clearly identified as non-refundable in writing at the moment the deposit is collected. This rule applies only when there is a written agreement in place. Without that written disclosure at the time of collection, a deposit cannot later be treated as non-refundable.
Plain English — not legal advice.
Under Utah Code Ann. § 57-17-2, compliant operators who intend to retain any portion of a deposit as non-refundable ensure that this designation is stated explicitly in writing and provided to the renter at the exact time the deposit is accepted — not afterward. This written notice is typically incorporated into the lease or a separate written addendum signed at move-in. Operators who collect deposits without this contemporaneous written disclosure generally cannot later characterize those funds as non-refundable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 57-17-2 gives tenants the right to receive written notice — at the time a deposit is taken — if any part of that deposit is non-refundable. If a landlord later attempts to withhold deposit funds as non-refundable without having provided that written notice at collection, tenants may have grounds to contest the withholding. General enforcement paths include raising the lack of written notice as a defense in small claims court, filing a complaint with a local housing authority, or consulting a tenant-rights organization for guidance on available options.
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.
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