SECURITY DEPOSIT DEMAND LETTER

STATE OF UTAH

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Utah law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.

I. UTAH LEGAL FRAMEWORK

A. Governing Law

Security deposits in Utah are governed by the Utah Fit Premises Act, Utah Code Section 57-17-1 et seq.

B. Security Deposit Limits

Utah law does not impose a statutory limit on security deposit amounts.

C. Return Deadline

Pursuant to Utah Code Section 57-17-3, a landlord must return the security deposit within thirty (30) days after termination of the tenancy, unless the lease specifies a shorter period.

The deposit must be returned with a written notice of any deductions and the reasons therefor.

D. Separate Account Requirement

Utah law does not require landlords to hold security deposits in a separate account or pay interest on the deposit.

E. Permissible Deductions

Under Utah Code Section 57-17-3, a landlord may retain from the security deposit only amounts for:
- Unpaid rent
- Cleaning (if tenant was notified of expectation upon move-in)
- Repairs beyond normal wear and tear

F. Prohibited Deductions

The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Conditions caused by landlord's failure to maintain
- Cleaning if tenant was not properly notified of expectations

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email

Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered

C. Condition of Premises at Move-Out

Our Client left the premises in the following condition:

[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.

[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].

[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.

[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.

[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.

III. LANDLORD'S VIOLATIONS

You have violated Utah law in the following ways:

[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under Utah Code Section 57-17-3.

[ ] Failure to Provide Notice of Deductions: You have failed to provide written notice explaining deductions within the statutory period.

[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Cleaning deductions without proper notice at move-in
- [ ] Other improper deductions: [SPECIFY]

[ ] Wrongful Retention: You have wrongfully retained the deposit, entitling our Client to statutory damages under Utah Code Section 57-17-5.

IV. NORMAL WEAR AND TEAR

Utah law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.

The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:

[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]

V. DAMAGES AND REMEDIES

A. Return of Security Deposit

B. Statutory Remedies

Under Utah Code Section 57-17-5, if a landlord wrongfully withholds a security deposit:
- The tenant may recover $100 penalty for wrongful withholding
- The tenant may recover reasonable attorney's fees

C. Total Demand

VI. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence to support this claim:

[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]

VII. DEMAND

We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]

2. Total Payment: The total amount due is $[TOTAL AMOUNT]

Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

Reference: [TENANT NAME] Security Deposit

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the time specified, we are authorized and prepared to:

1. File Suit: Commence legal action in Utah Small Claims Court (for claims up to $11,000) or District Court for return of the deposit, statutory penalty, attorney's fees, and costs.

2. Seek Statutory Penalty: Request $100 statutory penalty pursuant to Utah Code Section 57-17-5.

3. Seek Attorney's Fees: Request the court award reasonable attorney's fees and costs.

4. Report Violations: Report your conduct to:
   - Utah Division of Consumer Protection
   - Local Housing Authority
   - Better Business Bureau

5. Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.

IX. RESPONSE REQUESTED

Please respond to this demand in writing within fourteen (14) days. Your response should include:

1. Your position on the amount owed to our Client
2. Any documentation supporting claimed deductions
3. Payment or a good-faith settlement offer

If we do not receive a satisfactory response, we will file suit without further notice.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[UTAH BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent

cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]

UTAH SECURITY DEPOSIT QUICK REFERENCE

UTAH-SPECIFIC PRACTICE NOTES

[ ] Cleaning Notice Required: Landlord can only deduct for cleaning if tenant was notified in writing of cleanliness expectations at move-in.

[ ] Lease May Specify Shorter Period: The lease may require return in less than 30 days, but not more.

[ ] Modest Penalty: Utah's $100 statutory penalty is relatively modest compared to other states' multiplier damages.

[ ] Attorney's Fees Available: Utah allows recovery of attorney's fees, making legal action more viable for tenants.

[ ] No Deposit Limit: Utah has no statutory cap on security deposits.

[ ] Small Claims Court: For claims up to $11,000, file in Utah Small Claims Court.

[ ] Written Notice: Landlord must provide written notice explaining any deductions from the deposit.

[ ] Salt Lake City: Some localities may have additional tenant protection measures.

This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Utah attorney before use.