Changes to Existing Law
SB4 — Revise procedures for returning and withholding security deposits for residential premises.
1 section modified+239-65
View:
§ 43-32-24
Amended+239-65
Section 43-32-24 — AMENDED
43-32-24. Every lessor of residential premises shall, within two weeks twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit deposit, or any portion thereof. thereof of the deposit. The lessor may withhold from such the deposit only such the amounts as are reasonably necessary to remedy remedy: (1) Remedy tenant defaults in the payment of rent or of other other: (a) Rent; and (b) Other funds due to the landlord pursuant to an agreement or to restore restore; and (2) Restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor shall must provide the lessee with an itemized accounting of any deposit withheld. Any lessor of residential premises who fails to comply with this section shall forfeit forfeits all rights to withhold any portion of such the deposit. The bad faith retention of a deposit deposit, or any portion of a deposit deposit, by a lessor of residential premises premises, in violation of this section, including or the bad faith failure to provide the written statement and or itemized accounting accounting, as required by this section, shall subject subjects the lessor to punitive damages not to exceed two hundred dollars. 25