(b) In any court action brought by a tenant under this section, the landlord
shall bear the burden of proving that his withholding of the security deposit or any
portion of it was not wrongful.
(3) [Editor's note: This version of subsection (3) is effective January 1, 2026.]
(a) The wrongful retention of a security deposit in violation of this section renders a
landlord liable for treble the amount of that portion of the security deposit
wrongfully withheld from the tenant, together with reasonable attorney fees and
court costs; except that the tenant shall notify the landlord of the tenant's demand
for the return of the security deposit and intention to file legal proceedings at least
seven days before filing the action.
(b) In a court action brought by a tenant under this section, the landlord
bears the burden of proving that the landlord's withholding of the security deposit
or any portion of it was not wrongful and that the landlord complied with the
requirements of this section.
(c) A tenant may bring a court action for treble damages, reasonable
attorney fees, and court costs only if the landlord fails to return the entire security
deposit or any withheld portion to the tenant within seven days after receiving a
demand and notice of the tenant's intention to file legal proceedings as described
in subsection (3)(a) of this section.
(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2026.]
(a) A landlord retains a security deposit or any portion of it in bad faith if the
amount retained by the landlord:
(I) Unreasonably exceeds the amount of actual damages the landlord
incurred;
(II) Is retained without actual cause existing for the retention of the amount;