Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.

Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees. If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5) , the renter may: recover from the owner: if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit; 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 a civil penalty of $100; and file an action to enforce compliance with the provisions of this section. 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. 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) . 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 401 , 2023 General Session 2023