Aviso al propietario de la intención de reparar y deducir del alquiler residencial del inquilino al propietario
A. If the landlord fails to comply with section 33-1324,
and the reasonable cost of compliance is less than three hundred dollars,
or an amount equal to one-half of the monthly rent, whichever amount is
greater, the tenant may recover damages for the breach under section 33-1361,
subsection B, or may notify the landlord of the tenant's intention to correct
the condition at the landlord's expense. After being notified by the tenant
in writing, if the landlord fails to comply within ten days or as promptly
thereafter as conditions require in case of emergency, the tenant may cause
the work to be done by a licensed contractor and, after submitting to the
landlord an itemized statement and a waiver of lien, deduct from his rent
the actual and reasonable cost of the work, not exceeding the amount specified
in this subsection.
B. A tenant may not repair at the landlord's expense if the condition
was 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.
Title 33, Chap. 10, §33-1363
Wrongful failure to supply heat, air conditioning, cooling,
water, hot water or essential services
A. If contrary to the rental agreement or section 33-1324
the landlord deliberately or negligently fails to supply running water,
gas or electrical service, or both if applicable, and reasonable amounts
of hot water or heat, air-conditioning or cooling, where such units are
installed and offered, or essential services, the tenant may give reasonable
notice to the landlord specifying the breach and may do one of the following:
1. Procure reasonable amounts of hot water, running water, heat
and essential services during the period of the landlord's noncompliance
and deduct their actual reasonable cost from the rent. If the landlord
has failed to provide any of the utility services specified in this section
due to nonpayment of the landlord's utility bill for the premises, and
if there is no separate utility meter for each tenant in the premises such
that the tenant could avoid a utility shutoff by arranging to have services
transferred to the tenant's name, the tenant may either individually or
collectively with other tenants arrange with the utility company to pay
the utility bill after written notice to the landlord of the tenant's intent
to do so. With the utility company's approval the tenant or tenants may
pay the landlord's delinquent utility bill and deduct from any rent owed
to the landlord the actual cost of the payment the tenant made to restore
utility services. The tenant or tenants may continue to make such payments
to the utility company until the landlord has provided adequate assurances
to the tenant that the above utility services will be maintained.
2. Recover damages based upon the diminution in the fair rental
value of the dwelling unit.
3. Procure reasonable substitute housing during the period of the
landlord's noncompliance, in which case the tenant is excused from paying
rent for the period of the landlord's noncompliance. In the event the periodic
cost of such substitute housing exceeds the amount of the periodic rent,
upon delivery by tenant of proof of payment for such substitute housing,
tenant may recover from landlord such excess costs up to an amount not
to exceed twenty-five per cent of the periodic rent which has been excused
pursuant to this paragraph.
B. A landlord shall provide all utilities and services specified
in the lease agreement.
C. A landlord shall not terminate utility services as specified
in subsection A of this section which are provided to the tenant as part
of the rental agreement, except as necessary to make needed repairs or
as provided in section 33-1368. Subsequent to the execution of the rental
agreement, a landlord may not transfer the responsibility for payment of
such utility services to the tenant without the tenant's written consent.
D. If a landlord is in violation of subsection C of this section,
the tenant may recover damages, costs and reasonable attorneys fees and
obtain injunctive relief. Nothing in this section shall preclude a tenant's
right to recover damages as specified in section 33-1367.
E. A lease agreement shall not contain any terms contrary to this
section.
F. In addition to the remedy provided in paragraph 3 of subsection
A of this section, in the event the landlord's noncompliance is deliberate,
the tenant may recover the actual and reasonable cost or fair and reasonable
value of the substitute housing not in excess of an amount equal to the
periodic rent.
G. If the tenant proceeds under this section, he may not proceed
under section 33- 1361 or section 33-1363 as to that breach, except as
to damages which occur prior to the tenant proceeding under subsection
A or B of this section.
H. The rights under this section do not arise until the tenant has
given notice to the landlord and such rights do not include the right to
repair. Such rights do not arise if the condition was 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.
Title 33, Chap. 10, §33-1364
