70-25-202. List of damages and refund -- delivery to departing tenant.
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70-25-202 . List of damages and refund -- delivery to departing tenant.
(1)Except as provided in subsection (2):
(i)Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201 .
(ii)Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 or 70-33-106 .
(i)If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days.
(ii)Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 and 70-33-106 .
(c)It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant.
(2)This section does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court.