7.24.060 - Private right of action
A.
Landlord liability to tenant
1.
If a landlord attempts to enforce provisions in a rental agreement that are contrary
to the requirements of Sections 7.24.030, 7.24.035, 7.24.036, or 7.24.038, the landlord shall be liable to the tenant for: 1) any actual damages incurred by
the tenant as a result of the landlord's attempted enforcement; 2) double the amount
of any penalties imposed by the City; 3) double the amount of any security deposit
unlawfully charged or withheld by the landlord; and 4) reasonable attorney fees and
costs.
2.
A landlord who includes provisions prohibited by subsection 7.24.030.B, Section 7.24.035, Section 7.24.036, or Section 7.24.038 in a new rental agreement, or in a renewal of an existing agreement, shall be liable
to the tenant for up to $3,000 plus reasonable attorney fees and costs.
B.
Remedies for tenants if landlord fails to comply
1.
If a landlord fails to comply with the requirements of subsections 7.24.080.A, 7.24.080.B,
or 7.24.080.C and such failure was not caused by the tenant, the tenant may terminate
the rental agreement by written notice pursuant to law.
2.
In addition to the remedy provided by subsection 7.24.060.B.1, if a landlord fails
to comply with the requirements of Section 7.24.080, the tenant may recover in a civil action from the landlord actual damages, attorney
fees, and a penalty of up to $500. If a court determines that the landlord deliberately
failed to comply with the requirements of Section 7.24.080, the penalty may be up to $1,000.
(Ord. 125334, § 1, 2017; Ord. 125222, § 6, 2016; Ord. 119171, § 4, 1998; Ord. 116843, § 6, 1993.)