[Adopted 10-7-1992 by Ord. No. 92-12[2]]
A.
The City of Ithaca has a significant tenant population.
B.
Equitable landlord-tenant relations are a matter of
public welfare.
C.
Prompt, reasonable return of security deposits is
an important factor in tenants being able to obtain subsequent housing.
D.
The issue of return of security deposits is a source
of potential conflict between landlords and tenants which may result
in a burdensome effect on the court system.
As used in this article, the following terms
shall have the meanings indicated:
The person who has the right to exclusive possession of certain
premises and who, for consideration under a rental agreement, agrees
to relinquish that right to another temporarily, retaining a right
of reversion of the premises upon termination of such agreement.
The deterioration which occurs, based on the use for which
the residential unit is intended, without negligence, carelessness,
accident or abuse of the premises or equipment or chattels by the
tenants or members of his/her household or their invitee or guests.
The term "normal wear-and-tear" does not include sums or labor expended
by the landlord in removing from such residential unit articles abandoned
by the tenant such as trash. If a rental unit was leased to a tenant
in a habitable condition or if it was put in a habitable condition
by the landlord during the term of the tenancy, "normal wear-and-tear"
does not include sums required to be expended by the landlord to return
the rental unit to a habitable condition, unless expenditure of those
sums was necessitated by action of the landlord, events beyond the
control of the tenant or actions of someone other than the tenant
or members of his/her household or their invitee or guests.
A written or oral agreement embodying and fixing the terms
and conditions for the transfer of possession and the use and occupancy
of premises, whether or not for a definite period of time.
Any premises which are used for residential purposes under
the terms of a rental agreement.
The total of all payments and deposits given by a tenant
to the landlord as security for the performance of the tenant's obligations.
A person entitled to exclusive possession and occupancy of
a residential unit and the right of use of the appropriate appurtenances
as provided in a rental agreement, including any other person 18 years
of age or over who shares such unit with the knowledge and consent
of the landlord.
Whenever a tenant shall deposit with the landlord
a security deposit, such deposit, or any portion thereof, until repaid
or rightfully applied for obligations of the tenant to the landlord,
shall continue to be the money of the tenant and shall be held in
trust by the landlord with whom such deposit shall be made and shall
not be mingled with the personal moneys or become an asset of the
landlord.
Whenever a tenant shall provide to the landlord
a security deposit, the landlord shall provide to the tenant a written
receipt for the security deposit and shall further inform the tenant,
in writing, of the location where the deposit is held; if the deposit
is being held in a banking organization, the name and address of the
banking organization in which the security deposit is being held;
and a statement as to whether or not the deposit is being held in
an interest-bearing account.
The tenant shall have the obligation of placing
the residential unit in an overall clean condition as it was when
the tenancy commenced, excepting normal wear and tear.
A.
Within 30 days after the termination of tenancy or
the surrender of the premises, whichever occurs later, the landlord
shall return to the tenant the full security deposit deposited with
the landlord by the tenant or, if there is actual cause for retaining
the security deposit or any portion of it, the landlord shall provide
to the tenant a written statement specifying the reasons for such
retention, including a good-faith estimate of the cost for each item
of damage. The written statement specifying the reasons for the retention
of any portion of the security deposit shall be accompanied by a full
payment of the difference between the security deposit and the amount
retained. Nothing contained in this section shall preclude the landlord
from retaining all or a portion of the security deposit to cover the
costs of storing and/or disposing of unclaimed property, for nonpayment
of rent and for nonpayment of utility charges which the tenant was
required to pay directly to the landlord.
B.
If there is a provision in a rental agreement that a tenant is responsible to reimburse or apply from a security deposit any amounts due from tickets written pursuant to Chapter 178 of this Code for the property or residential unit being rented, it shall be the landlord's responsibility to give the tenant notice of that ticket in a timely fashion as a condition to enforce that provision, and in order to help the tenant correct and prevent the condition for which the ticket was issued. Timely notice shall be no later than three weeks from the date the ticket is sent from the court to the landlord. Failure to provide such notice shall serve as the landlord's waiver of reimbursement or application of security deposit for any ticket for which notice was not given.
[Added 10-3-2012 by Ord. No. 2012-10[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection B as Subsection C.
C.
Nothing in this section shall be construed to imply
other than it is the landlord's responsibility to return the tenant's
security deposit or balance as soon as reasonably possible.
In the event that the landlord willfully and
without good cause fails to return all or a portion of the security
deposit, a court may award to the tenant up to triple the amount of
that portion of the security deposit wrongfully withheld from the
tenant, together with reasonable attorney's fees and court costs.
In determining whether to award such treble damages and/or attorney's
fees, the court may consider the past practices of the landlord regarding
return of other security deposits. Treble damages and/or attorney's
fees shall not be awarded pursuant to this section where a landlord
has made a good-faith effort to estimate the amounts which properly
should be withheld from the security deposit and has returned to the
tenant the balance of the security deposit in a timely manner. Should
the landlord, within the aforesaid thirty-day period, fail to return
the entire security deposit or fail to provide the aforesaid written
statement specifying the reasons for the retention of all or a portion
of the security deposit, accompanied by full payment of the difference
between the security deposit and the amount retained, it shall be
presumed that the landlord is willfully and without good cause retaining
the security deposit.
In any court action brought by a tenant for
the return of the security deposit, the landlord shall bear the burden
of proving that the withholding of the security deposit or any portion
of it was justified.
Any attempted waiver of the terms of this article
by a landlord or tenant, by contract or otherwise, shall be deemed
to be against public policy and shall be considered void and unenforceable.
