Get Legal Help Today
Secured with SHA-256 Encryption
my family just moved to utah and we paid a $475.00 deposit for our apartment that the landlord says it is nonrefunable, is this legal? not to mention the $1000.00 deposit for our 2 cats. HELP!!
Asked on May 26, 2009 under Business Law, Utah
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I'm not a Utah lawyer, but I don't believe that your deposit can be truly non-refundable -- if you were to decide to move out before the end of the lease, or there was damage to the property beyond normal wear and tear (or both), the landlord could keep as much of the deposit as needed to cover his damages. But my research suggests that, as in most states, the landlord has to give an itemized statement of whatever part of the deposit is kept, and there is a time limit for that after you move out. My research also suggests that Utah is one of the states that doesn't have a statutory limit to the amount of security deposit a landlord can get.
If you want a more detailed understanding of your rights, based on all the facts of your case and your written lease (if you have one), you should talk to a lawyer. One way to look for an attorney near your new home is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.