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(a) Applicability. This section applies to security for leases of all residential rental units.
(b) Limits. A landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one and a half months’ rent, in the case of unfurnished rental units, in addition to any rent for the first month paid on or before initial occupancy.
(c) Security deposit purposes. The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision 9.68.020(g). The landlord may not assert a claim against the renter or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.
(Ord. 5589 § 2 (part), 2023)
(a) Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of this chapter shall provide the renter with a defense in any legal action brought by the landlord to recover possession of the residential rental unit.
(b) Defense to Action to Collect Rent. Failure of a landlord to comply with any of the provisions of this chapter shall provide the renter with a defense in any legal action brought by the landlord to collect rent.
(c) Injunctive Relief. A renter may seek injunctive relief on his or her own behalf and on behalf of other affected renters to enjoin the landlord’s violation of this chapter.
(d) Remedies are Nonexclusive. Remedies provided in this section are in addition to any other existing legal remedies and are not intended to be exclusive.
(Ord. 5589 § 2 (part), 2023: Ord. 3252 § 1 (part), 1980)
Any waiver or purported waiver by a renter of rights under this chapter prior to the time when such rights may be exercised, except a rejection of a one-year lease offered in accordance with Section 9.68.030, shall be void as contrary to public policy.
(Ord. 5589 § 2 (part), 2023: Ord. 3252 § 1 (part), 1980)