(b) If a tenant to a residential rental agreement or lease agreement
terminates the residential rental agreement or lease agreement and vacates the
premises pursuant to subsection (2)(a) of this section and if the landlord has
incurred economic damages as a direct result of the tenant's early termination of
the agreement and the landlord has provided documentation of the landlord's
incurred economic damages to the tenant within thirty days after termination of the
agreement, then the tenant is responsible for an amount not to exceed one month's
rent following vacation of the premises, which amount is due and payable to the
landlord within ninety days after the tenant vacates the premises; except that, if
another tenant remains on the residential rental agreement or lease agreement
after the victim-survivor terminates the agreement, the landlord shall not collect
the one month's rent from the victim-survivor. The landlord is not obligated to
refund the security deposit to the tenant until the tenant has paid the one month's
rent pursuant to this section. If the victim-survivor and responsible party are both
parties to the residential rental agreement or lease agreement, there is a
presumption that the victim-survivor receives the full security deposit, less any
amount lawfully withheld pursuant to section 38-12-103, as determined at the end
of the victim-survivor's tenancy. A landlord must not deduct from a security deposit
or otherwise charge a victim-survivor for damages incurred due to the unlawful
sexual behavior, stalking, domestic violence, or domestic abuse experienced by a
victim-survivor, and the landlord may only pursue compensation for the damages
from the responsible party.