38-12-507. Breach of warranty of habitability - tenant's remedies. (1) If
there is a breach of the warranty of habitability as set forth in section 38-12-503, a
tenant may exercise one or more of the following remedies:
(a) (I) A tenant may terminate a rental agreement without any liability or
financial penalty to the tenant if the condition that caused the breach remains
unremedied or unrepaired and the tenant provides the landlord ten to sixty days'
written notice that states:
(A) The uninhabitable condition or conditions that remain unremedied or
unrepaired;
(B) The tenant's intent to terminate the lease and vacate the dwelling unit;
and
(C) The date upon which the tenant intends to terminate the lease, which
date must be at least ten days after the date that the notice is provided to the
landlord.
(II) If the landlord commences or completes remedial action before the
termination date provided by the tenant in accordance with subsection (1)(a)(I)(C) of
this section, the landlord and tenant may agree, in writing at the time the condition
is being remedied or repaired or after the condition has been remedied or repaired,
to rescind the tenant's intent to terminate the lease and continue the housing
arrangement under the landlord and tenant's existing rental agreement.
(b) (I) A tenant may terminate a rental agreement without any liability or
financial penalty to the tenant if a condition that caused a breach of warranty of
habitability recurs within six months after the condition was originally remedied or
repaired and the tenant, within thirty days after the condition recurs, provides the
landlord:
(A) At least ten days' written notice that states the same uninhabitable
condition has recurred; and