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12-5-1: WITHHOLDING SECURITY
DEPOSIT; STATEMENT OF DAMAGES; LIABILITY OF LESSOR:
A lessor of residential real property containing four (4) or more
units, who has received a security deposit from a lessee to secure
the payment of rent or to compensate for damage to the leased
property may not withhold any part of that deposit as compensation
for property damage unless he has, within thirty (30) days of the
date that the lessee vacated the premises, furnished to the lessee,
delivered in person or by mail directed to his last known address,
an itemized statement of the damage allegedly caused to the premises
and the estimated or actual cost for repairing or replacing each
item on that statement, attaching the paid receipts, or copies
thereof, for the repair or replacement. If estimated cost is given,
the lessor shall furnish the lessee with paid receipts, or copies
thereof, within thirty (30) days from the date the statement showing
estimated cost was furnished to the lessee, as required by this
Section.
If no such statement and receipts, or copies thereof, are furnished
to the lessee as required by this Section, the lessor shall return
the security deposit in full within forty five (45) days of the date
that the lessee vacated the premises.
Upon a finding by a Circuit Court that a lessor has refused to
supply the itemized statement required by this Section, or has
supplied such statement in bad faith, and has failed or refused to
return the amount of the security deposit due within the time limits
provided, the lessor shall be liable for an amount equal to twice
the amount of the security deposit due, together with court costs
and reasonable attorney's fees. (Ord. 1990-0-9, 3-19-90, eff.
6-1-90) |
