Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 480 (2025GS)

Sponsor

Rep. Shallenberger, David

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows an owner to return a deposit and prepaid rent and a notice of itemized deductions through electronic means;
• amends the form a renter may use to request the return of a renter's security deposit, prepaid rent, and itemized deductions;
• conditions an award of the amount due under a lease agreement on the failure to make payments;
• provides exceptions to the time limit by which a renter shall vacate an owner's property after an order of restitution; and
• makes technical changes.

Every vote on this bill

Bill text

9
57-17-3
78B-6-810
78B-6-811
78B-6-812
57-17-3
78B-6-810
78B-6-811
78B-6-812
0
Landlord Communication Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Shallenberger
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill amends provisions relating to owners and tenants.
Highlighted Provisions:
This bill:
allows an owner to return a deposit and prepaid rent and a notice of itemized deductions 
through electronic means;
amends the form a renter may use to request the return of a renter's security deposit, 
prepaid rent, and itemized deductions;
conditions an award of the amount due under a lease agreement on the failure to make 
payments;
provides exceptions to the time limit by which a renter shall vacate an owner's property 
after an order of restitution; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-17-3
, as last amended by Laws of Utah 2018, Chapter 298
78B-6-810
, as last amended by Laws of Utah 2020, Chapter 329
78B-6-811
, as last amended by Laws of Utah 2020, Chapter 329
78B-6-812
, as last amended by Laws of Utah 2024, Chapter 428
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
57-17-3
 is amended to read:
57-17-3
. Deductions from deposit -- Written itemization -- Time for return.
(1)
Upon termination of a tenancy, the owner or the owner's agent may apply property or 
money held as a deposit toward the payment of rent, damages to the premises beyond 
reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of 
the unit.
(2)
No later than 30 days after the day on which a renter vacates and returns possession of a 
rental property to the owner or the owner's agent, the owner or the owner's agent shall
mail or
 deliver to the renter at the renter's last known address
 or electronically to the 
renter by a means provided to the owner or owner's agent by the renter
:
(a)
the balance of any deposit;
(b)
the balance of any prepaid rent; and
(c)
if the owner or the owner's agent made any deductions from the deposit or prepaid 
rent, a written notice that itemizes and explains the reason for each deduction.
(3)
If an owner or the owner's agent fails to comply with the requirements described in 
Subsection 
(2)
, the renter may serve the owner or the owner's agent, in accordance with 
Subsection 
(4)
, a notice that:
(a)
states:
(i)
the names of the parties to the rental agreement;
(ii)
the day on which the renter vacated the rental property;
(iii)
that the owner or the owner's agent has failed to comply with the requirements 
described in Subsection 
(2)
; and
(iv)
the address where the owner or the owner's agent may send the items described 
in Subsection 
(2)
; and
(b)
is substantially in the following form:
TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION
TO: (insert owner or owner's agent's name)
RE: (insert address of rental property)
NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) 
CALENDAR
BUSINESS
DAYS pursuant to Utah Code Sections 
57-17-3
 et seq., the owner or the owner's agent must 
provide the tenant, at the address below, a refund of the balance of any security deposit, the 
balance of any prepaid rent, and a notice of any deductions from the security deposit or 
prepaid rent as allowed by law.
NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of 
___________, 20___.
NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the 
owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty 
of $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of 
$100 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the 
provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees
, 
if the court determines the owner acted in bad faith
.
Tenant's Name(s):_____________________________________
Mailing Address_____________________ City____________ State_____ Zip_______
This is a legal document. Please read and comply with the document's terms.
Dated this ______ day of _____________, 20____.
Return of Service
On this _____ day of ____________, 20____, I swear and attest that I served this notice 
in compliance with Utah Code Section 
57-17-3
 by:
____ Delivering a copy to the owner or the owner's agent personally at the address 
provided in the lease agreement;
____ Leaving a copy with a person of suitable age and discretion at the address provided 
in the lease agreement because the owner or the owner's agent was absent from the address 
provided in the lease agreement;
____ Affixing a copy in a conspicuous place at the address provided in the lease 
agreement because a person of suitable age or discretion could not be found at the address 
provided in the lease agreement; or
____ Sending a copy through registered or certified mail to the owner or the owner's 
agent at the address provided in the lease agreement.
The owner's address to which the service was effected is:
Address________________________ City______________ State_____ Zip_______
_________________ (server's signature)
Self-Authentication Declaration
Pursuant to Utah Code 
Title 78B, Chapter 18a, Uniform Unsworn Declarations Act
, I 
declare under criminal penalty of the State of Utah that the foregoing is true and correct.
Executed this _____ day of _____________, 20____.
___________________ (server's signature)
(4)
A notice described in Subsection 
(3)
 shall be served:
(a)
(i)
by delivering a copy to the owner or the owner's agent personally at the address 
provided in the lease agreement;
(ii)
if the owner or the owner's agent is absent from the address provided in the lease 
agreement, by leaving a copy with a person of suitable age and discretion at the 
address provided in the lease agreement; or
(iii)
if a person of suitable age or discretion cannot be found at the address provided 
in the lease agreement, by affixing a copy in a conspicuous place at the address 
provided in the lease agreement; or
(b)
by sending a copy through registered or certified mail to the owner or the owner's 
agent at the address provided in the lease agreement.
(5)
Within five business days after the day on which the notice described in Subsection 
(3)
is served, the owner or the owner's agent shall comply with the requirements described 
in Subsection 
(2)
.
Section 2, Section 
78B-6-810
 is amended to read:
78B-6-810
. Court procedures.
(1)
In an action under this chapter in which the tenant remains in possession of the property:
(a)
the court shall expedite the proceedings, including the resolution of motions and trial;
(b)
the court shall begin the trial within 60 days after the day on which the complaint is 
served, unless the parties agree otherwise;
(c)
if this chapter requires a hearing to be held within a specified time and a judge is not 
available, the time may be extended to the first date after expiration of the specified 
time on which a judge is available to hear the case;
(d)
if this chapter requires a hearing to be held within a specified time, this section does 
not require a hearing to be held before the assigned judge, and the court may, out of 
convenience, schedule a hearing before another judge within the jurisdiction; and
(e)
if a court denies an order of restitution submitted by a party, and upon a party's 
request, the court shall give notice to the parties of the reason for denial and set a 
hearing within 10 business days 
of the day on which the order was submitted
after 
the day on which a party submitted the order
 to the court.
(2)
(a)
In an action for unlawful detainer, the court shall hold an evidentiary hearing, 
upon request of either party, within 10 business days after the day on which the 
defendant files an answer or response.
(b)
At the evidentiary hearing held in accordance with Subsection 
(2)(a)
:
(i)
the court shall determine who has the right of occupancy during the litigation's 
pendency; and
(ii)
if the court determines that all issues between the parties can be adjudicated 
without further proceedings, the court shall adjudicate all issues and enter 
judgment on the merits.
(3)
(a)
(i)
As used in this Subsection 
(3)(a)
, "an act that would be considered criminal 
under the laws of this state" means:
(A)
an act that would constitute a felony under the laws of this state;
(B)
an act that would be considered criminal affecting the health or safety of a 
tenant, the landlord, the landlord's agent, or other individual on the landlord's 
property;
(C)
an act that would be considered criminal that causes damage or loss to any 
tenant's property or the landlord's property;
(D)
a drug- or gang-related act that would be considered criminal;
(E)
an act or threat of violence against any tenant or other individual on the 
premises, or against the landlord or the landlord's agent; and
(F)
any other act that would be considered criminal that the court determines 
directly impacts the safety or peaceful enjoyment of the premises by any tenant.
(ii)
In an action for unlawful detainer in which the claim is for nuisance and alleges 
an act that would be considered criminal under the laws of this state, the court 
shall hold an evidentiary hearing upon request within 10 days after the day on 
which the complaint is filed to determine whether the alleged act occurred.
(b)
The hearing required by Subsection 
(3)(a)(ii)
 shall be set at the time the complaint is 
filed and notice of the hearing shall be served upon the defendant with the summons 
at least three calendar days before the scheduled time of the hearing.
(c)
If the court, at an evidentiary hearing held in accordance with Subsection 
(3)(a)
, 
determines that it is more likely than not that the alleged act occurred, the court shall 
issue an order of restitution.
(d)
If an order of restitution is issued in 
If a court issues an order of restitution in 
accordance with Subsection 
(3)(c)
, a constable or the sheriff of the county where the 
property is 
situated
located
 shall return possession of the property to the plaintiff 
immediately.
(e)
The court may allow a period of up to 72 hours before 
restitution may be made 
under Subsection 
(3)(d)
a constable or the sheriff of the county where the property is 
located makes restitution
 if the court determines the time is appropriate under the 
circumstances.
(f)
At the evidentiary hearing held in accordance with Subsection 
(3)(a)(ii)
, if the court 
determines that all issues between the parties can be adjudicated without further 
proceedings, the court shall adjudicate those issues and enter judgment on the merits.
(4)
(a)
At any hearing held in accordance with this chapter in which the defendant after 
receiving notice fails to appear, the court shall issue an order of restitution and enter a 
judgment of default against the defendant, unless the court makes a finding for why 
the order of restitution or judgment of default should not be issued.
(b)
If an order of restitution is issued in accordance with Subsection 
(4)(a)
, a constable 
or the sheriff of the county where the property is situated shall return possession of 
the property to the plaintiff immediately.
(5)
A court adjudicating matters under this chapter may make other orders as are 
appropriate and proper.
Section 3, Section 
78B-6-811
 is amended to read:
78B-6-811
. Judgment for restitution, damages, and rent -- Immediate 
enforcement -- Remedies.
(1)
(a)
A court may:
(i)
enter a judgment upon the merits or upon default; and
(ii)
issue an order of restitution regardless of whether a judgment is entered.
(b)
A judgment entered in favor of the plaintiff shall include an order for the restitution 
of the premises as provided in Section 
78B-6-812
.
(c)
If the proceeding is for unlawful detainer after neglect or failure to perform any 
condition or covenant of the lease or agreement under which the property is held, or 
after default in the payment of rent, the judgment shall also declare the forfeiture of 
the lease or agreement.
(d)
(i)
A forfeiture under Subsection 
(1)(c)
 does not release a defendant from any 
obligation for payments on a lease for the remainder of the lease's term.
(ii)
Subsection 
(1)(d)(i)
 does not change any obligation on either party to mitigate 
damages.
(2)
The jury or the court, if the proceeding is tried without a jury or upon the defendant's 
default, shall also assess the damages resulting to the plaintiff from any of the following:
(a)
forcible entry;
(b)
forcible or unlawful detainer;
(c)
waste of the premises during the defendant's tenancy, if waste is alleged in the 
complaint and proved at trial;
(d)
the amounts due under the contract
, if the alleged unlawful detainer is after default 
in the payment of amounts due under the contract
; and
(e)
the abatement of the nuisance by eviction as provided in Sections 
78B-6-1107
through 
78B-6-1114
.
(3)
The 
judgment shall be entered 
court shall enter the judgment 
against the defendant for 
the rent
,
 and
 for three times the amount of the damages assessed under Subsections 
(2)(a)
 through 
(2)(e)
. 
(4)
(a)
If the proceeding is for unlawful detainer, 
the court shall issue 
execution upon the 
judgment 
shall be issued 
immediately after the entry of the judgment.
(b)
In all cases, the judgment may be issued and enforced immediately.
(5)
In an action under this chapter, the court:
(a)
shall award costs and reasonable attorney fees to the prevailing party;
(b)
may modify a judgment for additional amounts owed if a motion is submitted within 
180 days on the earlier of the day on which:
(i)
the order of restitution is enforced; or
(ii)
the defendant vacates the premises; and
(c)
may grant a party additional time for a motion under Subsection 
(5)(b)
.
(6)
(a)
If the court issues an order of restitution, the defendant shall provide a current 
address to the court and the plaintiff within 30 days of the day on which the court 
issues the order of restitution. 
(b)
Failure of a defendant to provide an address under Subsection 
(6)(a)
 does not require 
the plaintiff or the court to bear the burden of seeking out the defendant to provide 
notice for any subsequent proceeding.
Section 4, Section 
78B-6-812
 is amended to read:
78B-6-812
. Order of restitution -- Service -- Enforcement -- Disposition of 
personal property -- Hearing.
(1)
As used in this section:
(a)
"Personal animal" means a domestic dog, cat, rabbit, bird, or other animal that is kept 
solely as a pet and is not a production animal.
(b)
(i)
"Production animal" means a live, nonhuman vertebrate member of the 
biological kingdom Animalia used for the purpose of producing, or being sold to 
another for the purpose of producing, food, fiber, or another commercial product.
(ii)
"Production animal" includes:
(A)
cattle;
(B)
sheep;
(C)
goats;
(D)
swine;
(E)
poultry;
(F)
ratites;
(G)
equines;
(H)
domestic cervidae;
(I)
cameliadae;
(J)
a guard dog;
(K)
a stock dog;
(L)
a livestock guardian dog; and
(M)
a fur bearing animal kept for the purpose of commercial fur production.
(2)
An order of restitution shall:
(a)
direct the defendant to vacate the premises, remove the defendant's personal 
property, and restore possession of the premises to the plaintiff, or be forcibly 
removed by a sheriff or constable;
(b)
advise the defendant 
of the time limit set by the court for
that
 the defendant 
has 
three calendar days after service of the order 
to vacate the premises, 
which shall be 
three calendar days following service of the order, unless the court determines that a 
longer or shorter period is appropriate after a finding of extenuating circumstances
unless:
(i)
a constable or sheriff of the county where the premises are located immediately 
returns possession of the property to the plaintiff as described in Subsection 
78B-6-810(3)(d)
;
(ii)
the plaintiff and defendant agree otherwise;
or
(iii)
the court issues an order in accordance with Subsection 
78B-6-810(4)
; 
and
(c)
advise the defendant of the defendant's right to a hearing to contest the manner of 
its
the order of restitution's
 enforcement.
(3)
(a)
A 
person authorized to serve process under Subsection 
78B-8-302(2)
 shall serve, 
in accordance with Section 
78B-6-805
, a 
copy of the order of restitution and a form 
for the defendant to request a hearing as listed on the form
 shall be served in 
accordance with Section 
78B-6-805
 by a person authorized to serve process pursuant 
to Subsection 
78B-8-302
(2)
.
(b)
A 
defendant's 
request for hearing or other pleading 
filed by the defendant 
may not 
stay enforcement of the restitution order unless:
(i)
the defendant furnishes a corporate bond, cash bond, certified funds, or a property 
bond to the clerk of the court in an amount approved by the court according to 
Subsection 
78B-6-808
(4)(b); and
(ii)
the court orders that the restitution order be stayed.
(c)
The 
date of service, the name, title, signature, and telephone number of the 
person 
serving the order and the form shall 
be legibly endorsed 
legibly write the date of 
service and the person's name, title, signature, and telephone number 
on the copy of 
the order and the form served on the defendant.
(d)
The person serving the order and the form shall file proof of service in accordance 
with Rule 4(e), Utah Rules of Civil Procedure.
(4)
(a)
If the defendant fails to comply with the order within the time prescribed by the 
court, a sheriff or constable at the plaintiff's direction may enter the premises by force 
using the least destructive means possible to remove the defendant.
(b)
(i)
Personal 
The sheriff or constable may remove personal 
property remaining in 
the leased property 
may be removed 
from the premises 
by the sheriff or 
constable 
and 
transported
transport the personal property
 to a suitable location 
for safe storage. 
(ii)
(A)
The sheriff or constable may delegate responsibility for inventory, 
moving, and storage to the plaintiff
,
.
(B)
 who
If the sheriff or constable delegates responsibility as described in this 
Subsection (4)(b)(ii), the plaintiff
 shall store the personal property in a suitable 
place and in a reasonable manner.
(c)
A tenant may not access the property until the
 tenant pays the
 removal and storage 
costs 
have been paid 
in full, except that the
 landlord, sheriff, or constable shall 
provide the
 tenant 
shall be provided 
reasonable access 
to the property 
within five 
business days
 after the day on which the sheriff or constable removes the tenant
 to 
retrieve:
(i)
clothing;
(ii)
identification;
(iii)
financial documents, including all those related to the tenant's immigration status 
or employment status;
(iv)
documents pertaining to receipt of public services; and
(v)
medical information, prescription medications, and any medical equipment 
required for maintenance of medical needs.
(d)
The personal property removed and stored is considered abandoned property and 
subject to Section 
78B-6-816
.
(e)
If a personal animal is on the premises, the sheriff or constable executing the order of 
restitution shall give the personal animal to the tenant, if the tenant is present.
(f)
If the tenant is not present when the order of restitution is enforced:
(i)
the sheriff, constable, or landlord shall notify the local animal control authority to 
take custody of the personal animal;
(ii)
the animal control authority shall respond to take custody of the personal animal 
within one business day after the day on which the sheriff, constable, or landlord 
provides the notice described in Subsection (4)(f)(i);
(iii)
the animal control authority or organization where the personal animal is taken 
shall apply the same standards described in Section 
11-46-103
;
(iv)
the landlord shall provide the animal control authority with the name and last 
known contact information of the tenant; and
(v)
the animal control authority shall post a notice at the premises in a visible place 
with the name and contact information of the animal control authority or 
organization where the personal animal is taken.
(5)
(a)
In the event of a dispute concerning the manner of enforcement of the restitution 
order, 
the defendant may file a request for a hearing
either party may file a request 
for a hearing
. 
(b)
 The court shall:
(i)
set the matter for hearing:
(A)
within 10 calendar days after the day on which the defendant files the request 
for a hearing; or
(B)
as soon as practicable, if the court is unable to set the matter within the time 
described in Subsection (5)(b)(i)(A); and
(ii)
provide notice of the hearing to the parties.
(6)
The Judicial Council shall draft the forms necessary to implement this section.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 2:26 PM