(g) If the landlord and the tenant disagree
about the right of the landlord to claim and retain the security deposit or any
portion of it, either the landlord or the tenant may commence an action in the
small claims division of the district court, as provided in chapter 633 and the
rules of court thereunder, to adjudicate the matter.
(h) In any action in the small claims division
of the district court pursuant to subsection (g) where the court determines
that:
(1) The landlord wrongfully and wilfully retained a
security deposit or part of a security deposit, the court may award the tenant
damages in an amount equal to three times the amount of the security deposit,
or part thereof, wrongfully and wilfully retained and the cost of suit.
(2) The landlord wrongfully retained a security
deposit or part of a security deposit, the court shall award the tenant damages
in an amount equal to the amount of the security deposit, or part thereof,
wrongfully retained and the cost of suit.
(3) The landlord was entitled to retain the security
deposit or a part of it, the court shall award the landlord damages in an
amount equal to the amount of the security deposit, or part thereof, in dispute
and the cost of suit.
(4) In any such action, neither the landlord nor the
tenant may be represented by an attorney, including salaried employees of the
landlord or tenant. [L 1972, c 132, pt of §1; am L 1974, c 180, §3; am L 1975,
c 101, §1; gen ch 1985; am L 1986, c 12, §1; am L 1987, c 170, §1 and c 282,
§1; am L 1989, c 169, §1; am L 2013, c 206, §1; am L 2015, c 29, §3]
Case Notes
Cited: 60 H. 52, 587 P.2d 807 (1978).