38-12-508. Landlord's defenses to a claim of breach of warranty -
limitations on claiming a breach. (1) It is a defense to a tenant's claim of breach of
the warranty of habitability that the tenant's actions or inactions prevented the
landlord from remedying or repairing the condition underlying the breach of the
warranty of habitability. For a landlord to prevail on such defense to a tenant's
claim of breach of the warranty of habitability, a landlord must demonstrate that:
(a) The tenant:
(I) Refused to provide or accept a proposed reasonable alternative date and
time for entry into the dwelling unit;
(II) Unreasonably denied entry to the dwelling unit; or
(III) Engaged in any other action or inaction that unreasonably delayed or
otherwise prevented the landlord from commencing, maintaining, or completing the
remedial action; and
(b) The tenant's actions described in subsection (1)(a) of this section made it
impracticable for the landlord to reasonably remedy or repair the condition.
(2) to (4) Repealed.
(5) If the condition alleged to breach the warranty of habitability is the result
of the action or inaction of a third party not under the direction and control of the
landlord and the landlord has taken reasonable, necessary, and timely steps to
remedy or repair the condition, but is unable to remedy or repair the condition due
to circumstances beyond the landlord's reasonable control, the tenant's only
remedy is termination of the rental agreement consistent with section 38-12-507
(1)(a).
(6) For public housing authorities and other housing providers receiving
federal financial assistance directly from the federal government, no provision of
this part 5 in direct conflict with any federal law or regulation shall be enforceable
against such housing provider.