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Session Laws, 1980
Volume 739, Page 2975   View pdf image
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HARRY HUGHES, Governor

2975

(B)(A) A PARK OWNER MAY NOT IMPOSE A SECURITY DEPOSIT
IN EXCESS OF THE EQUIVALENT OF 2 MONTHS' RENT, OR $50,
WHICHEVER IS GREATER. IF A SECURITY DEPOSIT EXCEEDS THIS
AMOUNT, THE RESIDENT MAY RECOVER UP TO THREEFOLD THE EXTRA
MONEY CHARGED, PLUS REASONABLE ATTORNEY'S FEES.

(C)(B) AN ACTION UNDER THIS SECTION MAY BE BROUGHT AT
ANY TIME DURING THE TENANCY OR WITHIN 2 YEARS AFTER ITS
TERMINATION.

(D)(C) THE PARK OWNER SHALL GIVE THE RESIDENT A
RECEIPT FOR THE SECURITY DEPOSIT.

(1) THE RECEIPT MAY BE INCLUDED IN A WRITTEN
RENTAL AGREEMENT.

(2)  THE PARK OWNER SHALL BE LIABLE TO THE
RESIDENT IN THE SUM OF $25 IF THE PARK OWNER FAILS TO
PROVIDE A WRITTEN RECEIPT FOR THE SECURITY DEPOSIT.

(3)  THE RECEIPT OR RENTAL AGREEMENT SHALL
CONTAIN LANGUAGE INFORMING THE RESIDENT OF HIS RIGHTS UNDER
THIS SECTION TO RECEIVE FROM THE PARK OWNER A WRITTEN LIST
OF ALL EXISTING DAMAGES IF THE RESIDENT MAKES A WRITTEN
REQUEST OF THE PARK OWNER WITHIN 15 DAYS OF THE RESIDENT'S
OCCUPANCY.

(E)(D)(1) IF THE PARK OWNER IMPOSES A SECURITY
DEPOSIT, ON WRITTEN REQUEST, HE PROMPTLY SHALL PROVIDE THE
RESIDENT WITH A WRITTEN LIST OF ALL EXISTING DAMAGES. THE
REQUEST MUST BE MADE WITHIN 15 DAYS OF THE RESIDENT'S
OCCUPANCY.

(2) FAILURE TO PROVIDE THE RESIDENT WITH THIS
WRITTEN STATEMENT RENDERS THE PARK OWNER LIABLE TO THE
RESIDENT FOR THREEFOLD THE AMOUNT OF THE SECURITY DEPOSIT
THE TOTAL AMOUNT OF DAMAGES SHALL BE SUBJECT TO A SETOFF FOR
DAMAGES AND UNPAID RENT WHICH REASONABLY COULD BE WITHHELD
UNDER THIS SECTION.

(F)(E) (1) THE PARK OWNER SHALL MAINTAIN ALL SECURITY
DEPOSITS IN A BANKING OR SAVINGS INSTITUTION IN THE STATE.
THIS ACCOUNT SHALL BE DEVOTED EXCLUSIVELY TO SECURITY
DEPOSITS AND BEAR INTEREST.

(2)  A SECURITY DEPOSIT SHALL BE DEPOSITED IN THE
ACCOUNT WITHIN 30 DAYS AFTER THE PARK OWNER RECEIVES IT.

(3)  IN THE EVENT OF SALES OR TRANSFER OF ANY
SORT, INCLUDING RECEIVERSHIP OR BANKRUPTCY, THE SECURITY
DEPOSIT IS BINDING ON THE SUCCESSOR IN INTEREST TO THE
PERSON TO WHOM THE DEPOSIT IS GIVEN. SECURITY DEPOSITS ARE
FREE FROM ANY ATTACHMENT BY CREDITORS.

(4)  ANY SUCCESSOR IN INTEREST IS LIABLE TO THE
RESIDENT FOR FAILURE TO RETURN THE SECURITY DEPOSIT,
TOGETHER WITH INTEREST, AS PROVIDED IN THIS SECTION.

 

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Session Laws, 1980
Volume 739, Page 2975   View pdf image
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