any prepaid rent, prorated as provided in Subsection (4)(c)(ii)(B); and
any deposit due the renter;
the rent shall be prorated to the date the owner terminates the rental agreement under Subsection (4)(c)(i); and
the renter may not be required to vacate the residential rental unit sooner than 10 calendar days after the owner notifies the renter under Subsection (4)(c)(ii)(A)(I).
After the corrective period expires, a renter may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the renter remedy that the renter chose in the notice of deficient condition.
In an action under Subsection (5)(a), the court shall endorse on the summons that the owner is required to appear and defend the action within three business days.
If, in an action under Subsection (5)(a), the court finds that the owner unjustifiably refused to correct a deficient condition or failed to use due diligence to correct a deficient condition, the renter is entitled to any damages, in addition to the applicable renter remedy.
An owner who disputes that a condition of the residential rental unit violates a requirement of the rental agreement may file a counterclaim in an action brought against the owner under Subsection (5)(a).
An owner may not be held liable under this chapter for a claim for mental suffering or anguish.
In an action under this chapter, the court may award costs and reasonable attorney fees to the prevailing party.