Notice to Landlord to Immediately Remedy Defect in Essential Services for Residential from Tenant to Landlord
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
