S.F. 92 Section 1. Section 562A.12, subsection 7, Code 2011, is 1 amended to read as follows: 2 7. The bad faith wrongful retention of a deposit by a 3 landlord, or any portion of the rental deposit, in violation 4 of this section shall subject the landlord to punitive damages 5 not to exceed two equal to double the amount of the deposit or 6 the portion of the deposit wrongfully retained or five hundred 7 dollars , whichever is more, in addition to actual damages. 8 Sec. 2. Section 562B.13, subsection 8, Code 2011, is amended 9 to read as follows: 10 8. The bad faith wrongful retention of a deposit by a 11 landlord, or any portion of the rental deposit, in violation 12 of this section shall subject the landlord to punitive damages 13 not to exceed two equal to double the amount of the deposit or 14 the portion of the deposit wrongfully retained or five hundred 15 dollars , whichever is more, in addition to actual damages. 16 EXPLANATION 17 This bill increases the amount of punitive damages that can 18 be awarded when a landlord wrongfully retains a rental deposit 19 or a portion of a rental deposit made to secure performance of 20 a residential rental agreement under Code section 562A.12 or a 21 mobile home space rental agreement under Code section 562B.13. 22 The bill requires that a landlord who violates these 23 provisions shall be subject to punitive damages equal to double 24 the amount of the deposit or portion of the deposit that is 25 wrongfully retained or $500, whichever is more, in addition to 26 actual damages. 27 Currently, a violation of these sections cannot subject a 28 landlord to punitive damages in excess of $200. 29 -1- LSB 1996XS (6) 84 md/sc 1/ 1