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1-21-1208.
Deductions from deposit; written
itemization; time limits; failure to give notice; recovery by renter;
utilities deposit; penalty.
(a)
Upon termination of the
rental agreement, property or money held as a deposit may be applied
by the owner or his agent to the payment of accrued rent, damages to
the residential rental unit beyond reasonable wear and tear, the cost
to clean the unit to the condition at the beginning of the rental
agreement and to other costs provided by any contract. The balance of
any deposit and prepaid rent and a written itemization of any
deductions from the deposit together with reasons therefore, shall be
delivered or mailed without interest to the renter within thirty (30)
days after termination of the rental agreement or within fifteen (15)
days after receipt of the renter's new mailing address, whichever is
later. If there is damage to the residential rental unit, this period
shall be extended by thirty (30) days. The renter shall within thirty
(30) days of termination of the rental agreement, notify the owner or
designated agent of the location where payment and notice may be made
or mailed.
(b)
After termination of
the rental agreement, property or money held and separately identified
as a utilities deposit shall be refunded by the owner to the renter
within ten (10) days of a satisfactory showing that all utility
charges incurred by the renter have been paid. Absent such showing
within forty-five (45) days of termination, the owner shall within
fifteen (15) days thereafter, apply the utilities deposit to the
outstanding utility debt incurred by the renter. Any refund due to the
renter shall be paid within seven (7) days after the utility deposit
has been applied to the renter's utility debt, or within fifteen (15)
days after receipt of the renter's new mailing address, whichever is
later.
(c)
If the owner of a
residential rental unit or his agent unreasonably fails to comply with
subsection (a) or (b) of this section, the renter may recover the full
deposit and court costs. In an action by a renter pursuant to this
section, if the owner is the prevailing party and the court finds the
renter acted unreasonably in bringing the action, the owner may be
awarded court costs in addition to any other relief available. |
