(9) When a condition described in subsection (2)(a) of this section is
substantially caused by the misconduct of the tenant, a member of the tenant's
household, a guest or an invitee of the tenant, or a person under the tenant's
direction or control, the condition does not constitute a basis for a breach of the
warranty of habitability under subsection (2) of this section. It is not misconduct
under this subsection (9) by a victim of domestic violence; domestic abuse; unlawful
sexual behavior, as described in section 16-22-102 (9); or stalking if the condition is
the result of domestic violence; domestic abuse; unlawful sexual behavior, as
described in section 16-22-102 (9); or stalking and the landlord has notice at any
time of the domestic violence; domestic abuse; unlawful sexual behavior, as
described in section 16-22-102 (9); or stalking, as described in section 38-12-402
(2)(a).
(10) Except as set forth in this part 5, any agreement waiving or modifying
any right, remedy, obligation, or prohibition provided in this part 5 is void as
contrary to public policy.
(11) A landlord may terminate a rental agreement, if permitted by the rental
agreement and without further liability to the landlord or tenant, if the residential
premises is damaged as a result of a sudden environmental public health event or
an action taken by a governmental authority that renders continued occupancy of
the residential premises impossible or unlawful and:
(a) The landlord was not already in breach of the warranty of habitability
prior to the sudden environmental public health event or government action;