Enrolled Copy H.B. 480
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Landlord Communication Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Shallenberger
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill amends provisions relating to owners and tenants.
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Highlighted Provisions:
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This bill:
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▸ allows an owner to return a deposit and prepaid rent and a notice of itemized deductions
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through electronic means;
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▸ amends the form a renter may use to request the return of a renter's security deposit,
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prepaid rent, and itemized deductions;
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▸ conditions an award of the amount due under a lease agreement on the failure to make
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payments;
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▸ provides exceptions to the time limit by which a renter shall vacate an owner's property
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after an order of restitution; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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57-17-3, as last amended by Laws of Utah 2018, Chapter 298
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78B-6-810, as last amended by Laws of Utah 2020, Chapter 329
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78B-6-811, as last amended by Laws of Utah 2020, Chapter 329
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78B-6-812, as last amended by Laws of Utah 2024, Chapter 428
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H.B. 480 Enrolled Copy
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 57-17-3 is amended to read:
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57-17-3 . Deductions from deposit -- Written itemization -- Time for return.
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(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or
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money held as a deposit toward the payment of rent, damages to the premises beyond
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reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of
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the unit.
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(2) No later than 30 days after the day on which a renter vacates and returns possession of a
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rental property to the owner or the owner's agent, the owner or the owner's agent shall
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mail or deliver to the renter at the renter's last known address or electronically to the
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renter by a means provided to the owner or owner's agent by the renter:
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(a) the balance of any deposit;
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(b) the balance of any prepaid rent; and
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(c) if the owner or the owner's agent made any deductions from the deposit or prepaid
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rent, a written notice that itemizes and explains the reason for each deduction.
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(3) If an owner or the owner's agent fails to comply with the requirements described in
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Subsection (2), the renter may serve the owner or the owner's agent, in accordance with
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Subsection (4), a notice that:
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(a) states:
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(i) the names of the parties to the rental agreement;
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(ii) the day on which the renter vacated the rental property;
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(iii) that the owner or the owner's agent has failed to comply with the requirements
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described in Subsection (2); and
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(iv) the address where the owner or the owner's agent may send the items described
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in Subsection (2); and
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TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION
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TO: (insert owner or owner's agent's name)
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RE: (insert address of rental property)
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NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) [CALENDAR] BUSINESS
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DAYS pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must
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provide the tenant, at the address below, a refund of the balance of any security deposit, the
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balance of any prepaid rent, and a notice of any deductions from the security deposit or
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prepaid rent as allowed by law.
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NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of
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___________, 20___.
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NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the
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owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty
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of $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of
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$100 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the
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provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees,
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if the court determines the owner acted in bad faith.
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Tenant's Name(s):_____________________________________
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Mailing Address_____________________ City____________ State_____ Zip_______
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This is a legal document. Please read and comply with the document's terms.
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Dated this ______ day of _____________, 20____.
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Return of Service
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On this _____ day of ____________, 20____, I swear and attest that I served this notice
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in compliance with Utah Code Section 57-17-3 by:
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____ Delivering a copy to the owner or the owner's agent personally at the address
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provided in the lease agreement;
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____ Leaving a copy with a person of suitable age and discretion at the address provided
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in the lease agreement because the owner or the owner's agent was absent from the address
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provided in the lease agreement;
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____ Affixing a copy in a conspicuous place at the address provided in the lease
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agreement because a person of suitable age or discretion could not be found at the address
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provided in the lease agreement; or
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____ Sending a copy through registered or certified mail to the owner or the owner's
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agent at the address provided in the lease agreement.
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The owner's address to which the service was effected is:
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Address________________________ City______________ State_____ Zip_______
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_________________ (server's signature)
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Self-Authentication Declaration
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Pursuant to Utah Code Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, I
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declare under criminal penalty of the State of Utah that the foregoing is true and correct.
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Executed this _____ day of _____________, 20____.
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___________________ (server's signature)
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(4) A notice described in Subsection (3) shall be served:
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(a)(i) by delivering a copy to the owner or the owner's agent personally at the address
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provided in the lease agreement;
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(ii) if the owner or the owner's agent is absent from the address provided in the lease
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agreement, by leaving a copy with a person of suitable age and discretion at the
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address provided in the lease agreement; or
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(iii) if a person of suitable age or discretion cannot be found at the address provided
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in the lease agreement, by affixing a copy in a conspicuous place at the address
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provided in the lease agreement; or
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(b) by sending a copy through registered or certified mail to the owner or the owner's
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agent at the address provided in the lease agreement.
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(5) Within five business days after the day on which the notice described in Subsection (3)
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is served, the owner or the owner's agent shall comply with the requirements described
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in Subsection (2).
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Section 2. Section 78B-6-810 is amended to read:
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78B-6-810 . Court procedures.
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(1) In an action under this chapter in which the tenant remains in possession of the property:
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(a) the court shall expedite the proceedings, including the resolution of motions and trial;
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(b) the court shall begin the trial within 60 days after the day on which the complaint is
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served, unless the parties agree otherwise;
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(c) if this chapter requires a hearing to be held within a specified time and a judge is not
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available, the time may be extended to the first date after expiration of the specified
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time on which a judge is available to hear the case;
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(d) if this chapter requires a hearing to be held within a specified time, this section does
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not require a hearing to be held before the assigned judge, and the court may, out of
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convenience, schedule a hearing before another judge within the jurisdiction; and
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(e) if a court denies an order of restitution submitted by a party, and upon a party's
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request, the court shall give notice to the parties of the reason for denial and set a
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hearing within 10 business days [of the day on which the order was submitted] after
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the day on which a party submitted the order to the court.
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(2)(a) In an action for unlawful detainer, the court shall hold an evidentiary hearing,
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upon request of either party, within 10 business days after the day on which the
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defendant files an answer or response.
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(b) At the evidentiary hearing held in accordance with Subsection (2)(a):
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(i) the court shall determine who has the right of occupancy during the litigation's
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pendency; and
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(ii) if the court determines that all issues between the parties can be adjudicated
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without further proceedings, the court shall adjudicate all issues and enter
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judgment on the merits.
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(3)(a)(i) As used in this Subsection (3)(a), "an act that would be considered criminal
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under the laws of this state" means:
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(A) an act that would constitute a felony under the laws of this state;
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(B) an act that would be considered criminal affecting the health or safety of a
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tenant, the landlord, the landlord's agent, or other individual on the landlord's
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property;
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(C) an act that would be considered criminal that causes damage or loss to any
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tenant's property or the landlord's property;
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(D) a drug- or gang-related act that would be considered criminal;
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(E) an act or threat of violence against any tenant or other individual on the
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premises, or against the landlord or the landlord's agent; and
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(F) any other act that would be considered criminal that the court determines
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directly impacts the safety or peaceful enjoyment of the premises by any tenant.
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(ii) In an action for unlawful detainer in which the claim is for nuisance and alleges
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an act that would be considered criminal under the laws of this state, the court
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shall hold an evidentiary hearing upon request within 10 days after the day on
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which the complaint is filed to determine whether the alleged act occurred.
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(b) The hearing required by Subsection (3)(a)(ii) shall be set at the time the complaint is
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filed and notice of the hearing shall be served upon the defendant with the summons
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at least three calendar days before the scheduled time of the hearing.
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(c) If the court, at an evidentiary hearing held in accordance with Subsection (3)(a),
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determines that it is more likely than not that the alleged act occurred, the court shall
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issue an order of restitution.
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(d) [If an order of restitution is issued in ] If a court issues an order of restitution in
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accordance with Subsection (3)(c), a constable or the sheriff of the county where the
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property is [situated] located shall return possession of the property to the plaintiff
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immediately.
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(e) The court may allow a period of up to 72 hours before [restitution may be made
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under Subsection (3)(d)] a constable or the sheriff of the county where the property is
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located makes restitution if the court determines the time is appropriate under the
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circumstances.
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(f) At the evidentiary hearing held in accordance with Subsection (3)(a)(ii), if the court
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determines that all issues between the parties can be adjudicated without further
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proceedings, the court shall adjudicate those issues and enter judgment on the merits.
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(4)(a) At any hearing held in accordance with this chapter in which the defendant after
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receiving notice fails to appear, the court shall issue an order of restitution and enter a
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judgment of default against the defendant, unless the court makes a finding for why
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the order of restitution or judgment of default should not be issued.
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(b) If an order of restitution is issued in accordance with Subsection (4)(a), a constable
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or the sheriff of the county where the property is situated shall return possession of
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the property to the plaintiff immediately.
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[(5) A court adjudicating matters under this chapter may make other orders as are
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appropriate and proper.]
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Section 3. Section 78B-6-811 is amended to read:
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78B-6-811 . Judgment for restitution, damages, and rent -- Immediate
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enforcement -- Remedies.
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(1)(a) A court may:
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(i) enter a judgment upon the merits or upon default; and
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(ii) issue an order of restitution regardless of whether a judgment is entered.
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(b) A judgment entered in favor of the plaintiff shall include an order for the restitution
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of the premises as provided in Section 78B-6-812.
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(c) If the proceeding is for unlawful detainer after neglect or failure to perform any
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condition or covenant of the lease or agreement under which the property is held, or
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after default in the payment of rent, the judgment shall also declare the forfeiture of
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the lease or agreement.
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(d)(i) A forfeiture under Subsection (1)(c) does not release a defendant from any
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obligation for payments on a lease for the remainder of the lease's term.
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(ii) Subsection (1)(d)(i) does not change any obligation on either party to mitigate
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damages.
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(2) The jury or the court, if the proceeding is tried without a jury or upon the defendant's
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default, shall also assess the damages resulting to the plaintiff from any of the following:
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(a) forcible entry;
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(b) forcible or unlawful detainer;
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(c) waste of the premises during the defendant's tenancy, if waste is alleged in the
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complaint and proved at trial;
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(d) the amounts due under the contract[, if the alleged unlawful detainer is after default
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in the payment of amounts due under the contract]; and
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(e) the abatement of the nuisance by eviction as provided in Sections 78B-6-1107
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through 78B-6-1114.
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(3) The [judgment shall be entered ] court shall enter the judgment against the defendant for
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the rent[,] and for three times the amount of the damages assessed under Subsections
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(2)(a) through (2)(e).
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(4)(a) If the proceeding is for unlawful detainer, the court shall issue execution upon the
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judgment [shall be issued ]immediately after the entry of the judgment.
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(b) In all cases, the judgment may be issued and enforced immediately.
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(5) In an action under this chapter, the court:
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(a) shall award costs and reasonable attorney fees to the prevailing party;
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(b) may modify a judgment for additional amounts owed if a motion is submitted within
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180 days on the earlier of the day on which:
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(i) the order of restitution is enforced; or
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(ii) the defendant vacates the premises; and
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(c) may grant a party additional time for a motion under Subsection (5)(b).
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(6)(a) If the court issues an order of restitution, the defendant shall provide a current
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address to the court and the plaintiff within 30 days of the day on which the court
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issues the order of restitution.
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(b) Failure of a defendant to provide an address under Subsection (6)(a) does not require
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the plaintiff or the court to bear the burden of seeking out the defendant to provide
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notice for any subsequent proceeding.
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Section 4. Section 78B-6-812 is amended to read:
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78B-6-812 . Order of restitution -- Service -- Enforcement -- Disposition of
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personal property -- Hearing.
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(1) As used in this section:
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(a) "Personal animal" means a domestic dog, cat, rabbit, bird, or other animal that is kept
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solely as a pet and is not a production animal.
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(b)(i) "Production animal" means a live, nonhuman vertebrate member of the
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biological kingdom Animalia used for the purpose of producing, or being sold to
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another for the purpose of producing, food, fiber, or another commercial product.
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(ii) "Production animal" includes:
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(A) cattle;
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(B) sheep;
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(C) goats;
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(D) swine;
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(E) poultry;
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(F) ratites;
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(G) equines;
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(H) domestic cervidae;
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(I) cameliadae;
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(J) a guard dog;
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(K) a stock dog;
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(L) a livestock guardian dog; and
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(M) a fur bearing animal kept for the purpose of commercial fur production.
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(2) An order of restitution shall:
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(a) direct the defendant to vacate the premises, remove the defendant's personal
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property, and restore possession of the premises to the plaintiff, or be forcibly
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removed by a sheriff or constable;
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(b) advise the defendant [of the time limit set by the court for] that the defendant has
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three calendar days after service of the order to vacate the premises, [which shall be
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three calendar days following service of the order, unless the court determines that a
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longer or shorter period is appropriate after a finding of extenuating circumstances]
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unless:
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(i) a constable or sheriff of the county where the premises are located immediately
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returns possession of the property to the plaintiff as described in Subsection
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78B-6-810(3)(d);
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(ii) the plaintiff and defendant agree otherwise; or
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(iii) the court issues an order in accordance with Subsection 78B-6-810(4); and
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(c) advise the defendant of the defendant's right to a hearing to contest the manner of [its]
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the order of restitution's enforcement.
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(3)(a) A person authorized to serve process under Subsection 78B-8-302(2) shall serve,
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in accordance with Section 78B-6-805, a copy of the order of restitution and a form
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for the defendant to request a hearing as listed on the form[ shall be served in
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accordance with Section 78B-6-805 by a person authorized to serve process pursuant
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to Subsection 78B-8-302(2)].
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(b) A defendant's request for hearing or other pleading [filed by the defendant ]may not
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stay enforcement of the restitution order unless:
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(i) the defendant furnishes a corporate bond, cash bond, certified funds, or a property
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bond to the clerk of the court in an amount approved by the court according to
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Subsection 78B-6-808(4)(b); and
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(ii) the court orders that the restitution order be stayed.
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(c) The [date of service, the name, title, signature, and telephone number of the ]person
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serving the order and the form shall [be legibly endorsed ] legibly write the date of
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service and the person's name, title, signature, and telephone number on the copy of
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the order and the form served on the defendant.
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(d) The person serving the order and the form shall file proof of service in accordance
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with Rule 4(e), Utah Rules of Civil Procedure.
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(4)(a) If the defendant fails to comply with the order within the time prescribed by the
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court, a sheriff or constable at the plaintiff's direction may enter the premises by force
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using the least destructive means possible to remove the defendant.
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(b)(i) [Personal ] The sheriff or constable may remove personal property remaining in
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the leased property [may be removed ]from the premises [by the sheriff or
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constable ]and [transported] transport the personal property to a suitable location
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for safe storage.
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(ii)(A) [ ]The sheriff or constable may delegate responsibility for inventory,
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moving, and storage to the plaintiff[,] .
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(B) [ who] If the sheriff or constable delegates responsibility as described in this
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Subsection (4)(b)(ii), the plaintiff shall store the personal property in a suitable
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place and in a reasonable manner.
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(c) A tenant may not access the property until the tenant pays the removal and storage
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costs [have been paid ]in full, except that the landlord, sheriff, or constable shall
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provide the tenant [shall be provided ]reasonable access to the property within five
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business days after the day on which the sheriff or constable removes the tenant to
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retrieve:
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(i) clothing;
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(ii) identification;
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(iii) financial documents, including all those related to the tenant's immigration status
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or employment status;
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(iv) documents pertaining to receipt of public services; and
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(v) medical information, prescription medications, and any medical equipment
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required for maintenance of medical needs.
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(d) The personal property removed and stored is considered abandoned property and
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subject to Section 78B-6-816.
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(e) If a personal animal is on the premises, the sheriff or constable executing the order of
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restitution shall give the personal animal to the tenant, if the tenant is present.
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(f) If the tenant is not present when the order of restitution is enforced:
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(i) the sheriff, constable, or landlord shall notify the local animal control authority to
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take custody of the personal animal;
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(ii) the animal control authority shall respond to take custody of the personal animal
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within one business day after the day on which the sheriff, constable, or landlord
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provides the notice described in Subsection (4)(f)(i);
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(iii) the animal control authority or organization where the personal animal is taken
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shall apply the same standards described in Section 11-46-103;
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(iv) the landlord shall provide the animal control authority with the name and last
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known contact information of the tenant; and
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(v) the animal control authority shall post a notice at the premises in a visible place
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with the name and contact information of the animal control authority or
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organization where the personal animal is taken.
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(5)(a) In the event of a dispute concerning the manner of enforcement of the restitution
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order, [the defendant may file a request for a hearing] either party may file a request
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for a hearing.
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(b) The court shall:
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(i) set the matter for hearing:
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(A) within 10 calendar days after the day on which the defendant files the request
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for a hearing; or
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(B) as soon as practicable, if the court is unable to set the matter within the time
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described in Subsection (5)(b)(i)(A); and
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(ii) provide notice of the hearing to the parties.
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(6) The Judicial Council shall draft the forms necessary to implement this section.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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