5 Day Notice to Landlord of Termination for Failure to Provide Possession for Residential from Tenant to Landlord
A. If the landlord fails to deliver physical possession
of the dwelling unit to the tenant as provided in section 33-1323, rent
abates until possession is delivered and the tenant may do either of the
following:
1. Upon at least five days' written notice to the landlord terminate
the rental agreement and upon termination the landlord shall return all
prepaid rent and security.
2. Demand performance of the rental agreement by the landlord and,
if the tenant elects, maintain an action for possession of the dwelling
unit against the landlord or any person wrongfully in possession and recover
the damages sustained by him.
B. If the landlord fails to deliver constructive possession to the
tenant because of noncompliance with section 33-1324, rent shall not abate.
Tenant may proceed with the remedies provided for in section 33-1361.
C. If a person's failure to deliver possession is willful and not
in good faith, an aggrieved person may recover from that person an amount
not more than two months' periodic rent or twice the actual damages sustained
by him, whichever is greater.
Title 33, Chap. 10, §33-1362