Notificación de incumplimiento de 5 días: incumplimiento que implica peligro para la salud o la seguridad residencial del inquilino al propietario
A. Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement, including a material
falsification of the written information provided to the tenant, the tenant
may deliver a written notice to the landlord specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon
a date not less than ten days after receipt of the notice if the breach
is not remedied in ten days. If there is a noncompliance by the landlord
with section 33-1324 materially affecting health and safety, the tenant
may deliver a written notice to the landlord specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon
a date not less than five days after receipt of the notice if the breach
is not remedied in five days. For the purposes of this section, material
falsification shall include availability of the unit, except when a holdover
tenant is in illegal possession or in violation of the rental agreement,
the condition of the premises and any current services as represented by
the landlord in writing as well as any written representation, as well
as any representation regarding future services and any future changes
regarding the condition of the premises, the provision of utility services
and the designation of the party responsible for the payment of utility
services. The rental agreement shall terminate and the dwelling unit shall
be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages
or otherwise and the landlord adequately remedies the breach prior to the
date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's family
or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages
and obtain injunctive relief for any noncompliance by the landlord with
the rental agreement or section 33-1324.
C. The remedy provided in subsection B of this section is in addition
to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return
all security recoverable by the tenant under section 33-1321.
Title 33, Chap. 10, §33-1361
