Section 5 – Failure to return deposit or prepaid rent or to give required notice — Recovery of deposit, penalty, costs, and attorney fees.

• (1) If an owner or the owner’s agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
  • (a) recover from the owner:
    • (i) if the owner or the owner’s agent failed to timely return the balance of the renter’s deposit, the full deposit;
    • (ii) if the owner or the owner’s agent failed to timely return the balance of the renter’s prepaid rent, the full amount of the prepaid rent; and
    • (iii) a civil penalty of $100; and
  • (b) file an action in district court to enforce compliance with the provisions of this section.

• (2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.

• (3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).

• (4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.

Amended by Chapter 258, 2015 General Session