(2) Early termination is effected pursuant to this
subsection, in which case each terminating tenant shall receive a prorated
share of any security deposit or prepaid rent from the landlord upon
termination of the rental agreement; provided that the percentage of any
security deposit to be returned shall be determined by the court or by the
parties in writing; provided further that if there is no determination made by
the court or by the parties regarding the percentage share of the security
deposit, the landlord shall be permitted to refund the security deposit in
equal shares to each tenant on the rental agreement.
(d) If a tenant submits notice of early
termination in compliance with this section, the landlord shall:
(1) Return a prorated share of all security deposits
recoverable by the terminating tenant under section 521-44 and prepaid rent
recoverable by the terminating tenant following the tenant's surrender of the
dwelling unit, except as otherwise provided in subsection (c); provided that
the landlord may withhold a prorated amount of the security deposit for payment
of damages that the landlord has suffered by reason of the terminating tenant's
noncompliance with section 521-51;
(2) Not assess any fee or penalty against the
terminating tenant for exercising any right granted under this section; and
(3) Not disclose any information reported to the
landlord under this section unless:
(A) The tenant consents to the disclosure of
the information in a statement signed by the tenant;
(B) The information is required or is
relevant in a judicial action; or
(C) The disclosure is required by other law.