(V) Leases a residential premises to a tenant and the residential premises is
in an uninhabitable condition at the inception of the tenant's occupancy.
(3) (a) There is a rebuttable presumption that a landlord has failed to
commence remedial action, continue performing remedial action, or completely
remedy or repair a condition that renders the residential premises uninhabitable
within a reasonable time if the tenant establishes that the residential premises is
uninhabitable, as described in subsection (2)(a) of this section, the tenant
establishes that the landlord has notice of the uninhabitable condition, as described
in subsection (3)(e) of this section, and:
(I) The landlord has failed to communicate with the tenant after having
notice of a condition within the time frame required under subsection (6) of this
section; or
(II) The condition continues to exist:
(A) Fourteen calendar days after the landlord received notice of the
condition, where the residential premises are uninhabitable as described in section
38-12-505 or otherwise; or
(B) Seven calendar days after the landlord received notice of the condition,
where the condition materially interferes with the tenant's life, health, or safety.
(b) (I) A landlord may rebut the presumption described in subsection (3)(a) of
this section by establishing, by a preponderance of the evidence, that:
(A) The landlord commenced and continued performing remedial action but
the condition could not be completely remedied or repaired due to circumstances
outside the landlord's reasonable control;
(B) Remedial action would require entry to the tenant's dwelling unit and the
tenant unreasonably denied the landlord entry to the dwelling unit; or