
Quoting
Landlord's Noncompliance
If the landlord refuses to comply with the requirements concerning a security deposit, the tenant can require compliance. The tenant must first give the landlord notice, in writing, of the violation and demand compliance. The landlord must be allowed three (3) days to refund the deposit or provide the necessary statement. If the landlord does not comply, the tenant can then institute a formal legal proceeding to require the landlord to refund the security deposit. This lawsuit can be brought either in the district court or in small claims court. If the action is brought in small claims court, the damages sought cannot exceed $5,000. If the tenant is successful, the court may, at its discretion, award damages up to the amount of three times the security deposit.