(5) If a rental
agreement is not executed due to a failure by the landlord to comply with the
agreement to execute or due to a tenant’s rejection of the agreement based on
uninhabitability as described in subsection (4) of this section, within five
business days the landlord shall return the deposit to the applicant either by
making the deposit available to the applicant at the landlord’s customary place
of business or by mailing the deposit by first class mail to the applicant.
(6) If a landlord
fails to comply with this section, the applicant or tenant may recover from the
landlord:
(a) The amount of
any fee or deposit charged, as provided in subsection (5) of this section; and
(b) If the
repayment was not made timely under subsection (5) of this section, and the
failure to repay was not due to an act of God, a penalty equal to the greater
of the deposit or an amount agreed to by the parties. [1995 c.559 §11; 2001
c.596 §30; 2011 c.42 §3; 2025 c.392 §1]