Return or explanation of retainage upon termination of
Owners or designated agents requiring deposits however
denominated from renters leasing or renting residential dwelling
units shall either return those deposits at the termination of the
tenancy or provide the renter with written notice explaining why any
deposit refundable under the terms of the lease or rental agreement
is being retained. Title 57, Chap. 17, §57-17-1
Non-refundable deposit -- Written notice required.
If there is a written agreement and if any part of the deposit
is to be made non-refundable, it must be so stated in writing to the
renter at the time the deposit is taken by the owner or designated
agent. Title 57, Chap. 17, §57-17-2.
Deductions from deposit -- Written itemization -- Time for
Upon termination of the tenancy, property or money held as a
deposit may be applied, at the owner's or designated agent's option,
to the payment of accrued rent, damages to the premises beyond
reasonable wear and tear, other costs provided for in the contract
and cleaning of the unit. The balance of any deposit and prepaid
rent, if any, and a written itemization of any deductions from the
deposit, and reasons therefor, shall be delivered or mailed to the
renter within 30 days after
termination of the tenancy or within 15 days after receipt of
the renter's new mailing address, whichever is later. The renter
shall notify the owner or designated agent of the location where
payment and notice may be made or mailed. If there is damage to the
rented premises, this period shall be extended to 30 days.
Title 57, Chap. 17, §57-17-3.
Holder of owner's or designated agent's interest bound by
The holder of the owner's or designated agent's interest in the
premises at the time of termination of the tenancy shall be bound by
the provisions of this act. Title 57, Chap. 17, §57-17-4.
Failure to give renter required notice -- Recovery of
deposit, penalty and costs.
If the owner of a residential unit or his agent in bad faith
fails within 30 days after termination of the tenancy or within 15
days after receipt of the renter's new mailing address, whichever is
later, to provide the renter the notice required in Section 57-17-3,
the renter may recover the full deposit, a civil penalty of $100,
and court costs. Receipt of new address must occur within 30 days of
termination of tenancy. Title 57, Chap. 17, §57-17-5.
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