(c) The court in which the dispute is being
heard shall accept and hold in trust any rent deposited under this section and
shall make such payments out of money collected as provided herein. The court
shall order payment of such money collected or portion thereof to the landlord
if the court finds that the rent is due and has not been paid to the landlord
and that the tenant did not have any basis to withhold, deduct, or otherwise
set off the rent not paid. The court shall order payment of such money collected
or portion thereof to the tenant if the court finds that the rent is not due or
has been paid, or that the tenant had a basis to withhold, deduct, or otherwise
set off the rent not paid.
(d) The court shall, upon finding that either
the landlord or the tenant raised the issue of payment or nonpayment of rent in
bad faith, order that person to pay the other party reasonable interest on the
rent deposited into the court. [L 1978, c 75, §2; am L 1981, c 235, §5; gen ch
1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Cross References
Sheriff, etc., see §26-14.6.
Case Notes
Mentioned: 74 H. 294, 845 P.2d 1186 (1992).