| Notes: A motion was made by Judge, seconded by Ejercito, to amend the Ordinance, Section 32.07(14), to say a landlord may withhold from a tenant’s security deposit (and he thinks this is already in it). However, at the end it would say, the failure of a landlord to take, provide to the tenant, or obtain a photograph documenting a specific claim of damage, waste or neglect, that was able to be photographed only precludes the landlord from withholding from the tenant’s security deposit for the specific claim in question and does not otherwise affect the landlord’s ability to recover for such damage, waste or neglect.
The amendment to the motion passed by the following vote:
Yes - Brink, Day, Ejercito, Judge, Konkel, LeTourneau, Porterfield, Rutten, Sparer, Wilcox
No - Villacrez
Abstain - Hirsch
Absent - Hassel & Mandeville
Excused - Munson
LeTourneau thinks paragraph 7(b) should be amended, where it says in the underlined section, “...and a notice that the tenant will be provided a copy of the photograph documenting any damage, waste or neglect of the premises being charged to the tenant if requested...” She thinks it should be in writing. She thinks the tenant should request a copy of the photographs in writing, within 30 days.
A motion was made by Letourneau, seconded by Sparer, to change the wording to, “if requested in a written report”. The motion passed by voice vote/other, with Hirsch abstaining.
A motion was made by Sparer, seconded by Judge, to add in Section 4, which amends Subsection 14 of the Ordinance, in the parenthesis where it discusses exceptions to the requirement. Sparer would add, “...and if the tenant accepts in writing responsibility for an item of damage, no photograph is required as to that item.” Judge clarified that it be in writing and Sparer indicated that he said in writing.
The motion passed by voice vote/other, with Hirsch abstaining.
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