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  1. #1

    Default What Does the Nonrefundable Portion of Security Deposit Cover

    My question involves landlord-tenant law in the State of: Utah

    My old house had a security deposit of $1300, $300 of which was nonrefundable. I just got an accounting of my security deposit since I moved out a month ago, and my landlord has listed:

    $1300
    -$300 nonrefundable (no explanation what this was used for)
    -$339 cleaning fee (detailed list about what needed to be cleaned)

    so I am getting $661 back. My question is, shouldn't that $300 nonrefundable part of my deposit go to the cleaning, and whatever the $300 didn't cover ($39), that amount would come out of my deposit? I'm confused on why he is trying to take out the $300 ON TOP of a $339 cleaning fee. The whole point of the 300 being nonrefundable was to have a guaranteed amount for cleaning, so why is double that coming out of my deposit?

  2. #2
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    Default Re: What Does the Nonrefundable Portion of Security Deposit Cover

    Without being able to see your lease, we have no ability to comment on the $300 -- whether you agreed to such a non-refundable deposit, to what it was supposed to be applied, or whether the clause is in fact effective to make that $300 non-refundable. You can start by telling us what your lease says.

  3. #3
    Join Date
    Jun 2015
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    Default Re: What Does the Nonrefundable Portion of Security Deposit Cover

    UT permits same ..IF properly disclosed ....was it?
    From a UT guide....

    " Yes. In Utah, landlords may charge a nonrefundable deposit. In order to do so, the landlord must clearly state in writing what portion of the deposit is nonrefundable. This statement can be written into an existing lease agreement or it can be a separate document. The tenant must read and sign this document before giving the deposit."

    - - - Updated - - -

    PS..unless otherwise covered in lease...cleaning is most likely a ordinary wear and tear item and not a proper deduction against security ....but we are not reading what is on list or in your lease....

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: What Does the Nonrefundable Portion of Security Deposit Cover

    Quote Quoting HRinDEVON
    View Post
    UT permits same ..IF properly disclosed ....was it?
    From a UT guide....

    " Yes. In Utah, landlords may charge a nonrefundable deposit. In order to do so, the landlord must clearly state in writing what portion of the deposit is nonrefundable. This statement can be written into an existing lease agreement or it can be a separate document. The tenant must read and sign this document before giving the deposit."
    You're quoting from a guide (sometimes unreliable) and not linking to it.

    The Security Deposit statute is at the following link:

    http://law.justia.com/codes/utah/201...57/article-17/

    Section 2 addresses non-refundable deposits.

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