Can a tenant recover money damages against the landlord for failure to escrow the security deposit?
Maybe. If the landlord was required to escrow the security deposit, he or she must turn over the security deposit on demand, regardless of the damages to the house or apartment or be subject to a award of treble damages on the amount wrongfully withheld. 44-7-35 Remedies for landlord noncompliance with article. (a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32 and if the initial and final damage lists required by Code Section 44-7-33 are not made and provided to the tenant. (b) The failure of a landlord to provide each of the written statements within the time periods specified in Code Sections 44-7-33 and 44-7-34 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises. (c) Any land
