(a) (1) If the landlord fails to comply with this subchapter, the tenant may recover:
(A) The property and money due him or her;
(B) Damages in an amount equal to two (2) times the amount wrongfully withheld;
(C) Costs; and
(D) Reasonable attorney's fees.
(2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance:
(A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or
(B) Was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled.
Section: Previous 18-16-302 18-16-303 18-16-304 18-16-305 18-16-306Last modified: November 15, 2016