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Section 521-44 (a) As used in this section "security deposit" means money, and shall include all interest accrued thereon, deposited by or for the tenant with the landlord to be held by the landlord to: (1) Remedy tenant defaults for accidental or intentional damages resulting from failure to comply with section 521-51, for failure to pay rent due, or for failure to return all keys furnished by the landlord at the terminatintal agreement so as to place the condition of the dwelling unit in as fit a condition as that which the tenant entered into possession on of the rental agreement; (2) Clean the dwelling unit or have it cleaned at the termination of the reof the dwelling unit; and (3) Compensate for damages caused by a tenant who wrongfully quits the dwelling unit. (b) The landlord may require as a condition of a rental agreement a security deposit to be paid by or for the tenant for the items in subsection (a) and no others, in an initial amount not in excess of a sum equal to one month's rent. The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month's rent and a security deposit as provided in this section. The security deposit shall not be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled. Interest shall be paid by the landlord on the entire amount of the security deposit at the rate of 5 per cent a year simple interest and shall be calculated from the latest of the following dates: (1) From the date the security deposit is paid by the tenant; or (2) From the date of this Act; whichever is later. (c) At the termination of a rental agreement in which the landlord required and received a security deposit, the landlord shall notify the tenant, in writing, as to the amount of interest accrued, and if the landlord proposes to retain any amount of the security deposit for any of the purposes specified in subsection (a), the landlord shall so notify the tenant, in writing, unless the tenant had wrongfully quit the dwelling unit, together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for cleaning services. The security deposit, or the portion of the security deposit remaining after the landlord has claimed and retained amounts authorized under this section, if any, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant. A return of the security deposit or the furnishing of the written notice and other required information in compliance with the requirements of this subsection shall be presumptively proven if mailed to the tenant, at an address supplied to the landlord by the tenant, with acceptable proof of mailing and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement or if there is an acknowledgment by the tenant of receipt within the fourteen-day limit. All actions for the recovery of a landlord's complete or partial retention of the security deposit shall be instituted not later than one year after termination of the rental agreement. Section 521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit. When a tenant exercises a right to terminate the rental agreement pursuant to section 521-62, 521-63, or 521-65 the landlord shall return to the tenant, not later than fourteen days after the termination, the amount of any advance rentpaid apportionable to the remaining days of the term and the amount of any security deposit including any accrued interest that thelandlord is not authorized to retain pursuant to section 521-44. A return of advance rent or of a security deposit complies with the requirements of this section if it is mailed to the tenant, at an address supplied to the landlord by the tenant, by certified mail, return receipt requested, and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement.
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