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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 12 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