Return or explanation of retainage upon termination of tenancy.
Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained. Title 57, Chap. 17, §57-17-1

Non-refundable deposit -- Written notice required.
If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent. Title 57, Chap. 17, §57-17-2.

Deductions from deposit -- Written itemization -- Time for return.
Upon termination of the tenancy, property or money held as a deposit may be applied, at the owner's or designated agent's option, to the payment of accrued rent, damages to the premises beyond reasonable wear and tear, other costs provided for in the contract and cleaning of the unit. The balance of any deposit and prepaid rent, if any, and a written itemization of any deductions from the deposit, and reasons therefor, shall be delivered or mailed to the renter within 30 days after
termination of the tenancy or within 15 days after receipt of the renter's new mailing address, whichever is later. The renter shall notify the owner or designated agent of the location where payment and notice may be made or mailed. If there is damage to the rented premises, this period shall be extended to 30 days.  Title 57, Chap. 17, §57-17-3.

Holder of owner's or designated agent's interest bound by provisions.
The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act. Title 57, Chap. 17, §57-17-4.

Failure to give renter required notice -- Recovery of deposit, penalty and costs.
If the owner of a residential unit or his agent in bad faith fails within 30 days after termination of the tenancy or within 15 days after receipt of the renter's new mailing address, whichever is later, to provide the renter the notice required in Section 57-17-3, the renter may recover the full deposit, a civil penalty of $100, and court costs. Receipt of new address must occur within 30 days of termination of tenancy.  Title 57, Chap. 17, §57-17-5.                                                              

Need Help? Visit our free online discussion forum