10 day Notice of Material Violation of Lease or Rental Agreement - Residential - 10 days to Cure from Tenant to Landlord
Noncompliance by the landlord
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