Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
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(1) If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
(a) recover from the owner:
(i) if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit;
(ii) if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and
(iii) a civil penalty of $100; and
(b) file an action in district court to enforce compliance with the provisions of this section.
(2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.
(3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).
(4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.