§ 33-1321. Security
deposits
A. A landlord
shall not demand or receive security, however denominated,
including, but not limited to, prepaid rent in an amount or
value in excess of one and one-half month's
rent. This
subsection does not prohibit a tenant from voluntarily paying
more than one and one-half month's rent in advance.
B. The purpose
of all nonrefundable fees or deposits shall be stated in
writing by the landlord. Any fee or deposit not designated as
nonrefundable shall be refundable.
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C. With respect
to tenants who first occupy the premises or enter into a new
written rental agreement after January 1, 1996, upon move in a
landlord shall furnish the tenant with a signed copy of the
lease, a move-in form for specifying any existing damages to
the dwelling unit and written notification to the tenant that
the tenant may be present at the move-out inspection. Upon
request by the tenant, the landlord shall notify the tenant
when the landlord's move-out inspection will occur. If the
tenant is being evicted for a material and irreparable breach
and the landlord has reasonable cause to fear violence or
intimidation on the part of the tenant, the landlord has no
obligation to conduct a joint move-out inspection with the
tenant.
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D. Upon
termination of the tenancy, property or money held by the
landlord as prepaid rent and security may be applied to the
payment of all rent, and subject to a landlord's duty to
mitigate, all charges as specified in the signed lease
agreement, or as provided in this chapter, including the
amount of damages which the landlord has suffered by reason of
the tenant's noncompliance with section 33-1341. Within
fourteen days, excluding Saturdays, Sundays or other legal
holidays, after termination of the tenancy and delivery of
possession and demand by the tenant the landlord shall provide
the tenant an itemized list of all deductions together with
the amount due and payable to the tenant, if any. Unless other
arrangements are made in writing by the tenant, the landlord
shall mail, by regular mail, to the tenant's last known place
of residence.
E. If the
landlord fails to comply with subsection D of this section the
tenant may recover the property and money due the tenant
together with damages in an amount equal to twice the amount
wrongfully withheld.
F. This section
does not preclude the landlord or tenant from recovering other
damages to which the landlord or tenant may be entitled under
this chapter.
G. The holder
of the landlord's interest in the premises at the time of the
termination of the tenancy is bound by this section.
