Utah Small Claims Court Guide for Renters
If you're a Utah renter facing a dispute with your landlord—such as an unreturned security deposit, unpaid repairs, or other financial disagreements—Small Claims Court can offer a way to resolve the issue quickly without a lawyer. This guide explains how Utah's Small Claims Court process works for renters, what to expect, and key forms you'll need.
What Is Small Claims Court in Utah?
Utah's Small Claims Court is a special court designed for individuals to resolve lower-value disputes in a straightforward, affordable manner. In Utah, most renter-landlord cases involving amounts up to $15,000—like deposit disputes or unpaid rent—are handled here. Cases are typically heard in the Utah Justice Courts[1].
Common Disputes Utah Renters Take to Small Claims Court
- Getting back a security deposit after moving out
- Seeking reimbursement for repairs you paid for
- Disputing illegal fees or incorrect charges
- Claims of property damage where agreement can't be reached
- Unresolved rent overpayments
Utah's Utah Fit Premises Act outlines your basic rights and responsibilities as a renter[2].
Filing a Small Claims Court Case in Utah: Process and Forms
Most Utah renters file claims at the Justice Court nearest the rental property. Here’s a simplified overview:
1. Check If Your Case Qualifies
- The amount in dispute must be $15,000 or less (not including court costs).
- Your claim must be for money only (not for eviction).
2. Complete the Small Claims Affidavit
- Form: Small Claims Affidavit and Summons (Official Utah Courts Form 30)
- Use: This starts your claim. Example: You moved out and the landlord didn’t refund your security deposit. You complete this form with details and the amount owed.
3. File in the Proper Justice Court
- Submit the completed Affidavit and Summons to the clerk at your local Justice Court. Find locations on the Utah Courts Locations page.
- Pay the filing fee (as of 2024, fees range from $60–$185 depending on your claim amount).
4. Serve the Landlord (Defendant)
- After filing, you must provide ("serve") the court papers to your landlord following court rules. This is often done by a sheriff, constable, or professional process server.
5. Prepare and Attend the Hearing
- Gather any documentation: leases, receipts, photos, texts, or communications.
- Arrive on time and bring all your evidence. The judge will hear both sides and make a decision, usually the same day.
6. If You Win: Collecting Your Judgment
- If the court rules in your favor, the landlord must pay you. If they don't, you may need to request help from the court to collect the funds.
Relevant Utah Forms for Renters
- Small Claims Affidavit and Summons (Form 30)
Use this form to start your court case. Example: Your landlord keeps your deposit; complete and file this form at your court. - Defendant’s Answer (Form 31)
If you are served as a defendant, use this to reply to the claim. - Counter Affidavit (Form 32)
If you need to make a counterclaim against your landlord or tenant, use this form.
Which Utah Tribunal Handles Renter Court Cases?
Renter disputes for money (not evictions) are handled by your local Utah Justice Court through the Small Claims process.
FAQ: Utah Small Claims Court for Renters
- How much can I sue for in Utah Small Claims Court?
The limit is $15,000 for each claim, excluding court costs and interest. - Do I need an attorney in Utah Small Claims Court?
No, attorneys are not required and parties usually represent themselves in small claims cases. - Can I file for eviction in Small Claims Court?
No, Small Claims Court is only for monetary claims. Eviction proceedings are handled separately under landlord-tenant law. - What happens if my landlord doesn't pay my court judgment?
You can ask the court for help collecting the amount owed, such as through garnishment or liens.
Key Takeaways
- Small Claims Court can resolve most monetary renter-landlord disputes in Utah up to $15,000.
- Start with the Affidavit and Summons form and file at your Justice Court.
- Bring all supporting documents and prepare your case thoroughly.
Need Help? Resources for Renters
- Utah Courts Small Claims Self-Help: Practical guides, FAQs, and forms for small claims cases.
- Utah Legal Services: Free or low-cost legal support for qualifying renters.
- Utah Fit Premises Act: Official legislation outlining landlord-tenant responsibilities.
- Find Your Local Utah Justice Court
- Utah Justice Courts — Official Small Claims Court venues
- Utah Fit Premises Act (Title 57, Chapter 22)
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