57-22-6 - Renter remedies for deficient condition of residential rental unit.
57-22-6. Renter remedies for deficient condition of residential rental unit.
(1) As used in this section:
(a) "Corrective period" means:
(i) for a standard of habitability, three calendar days; and
(ii) for a requirement imposed by a rental agreement, 10 calendar days.
(b) "Deficient condition" means a condition of a residential rental unit that:
(i) violates a standard of habitability or a requirement of the rental agreement; and
(ii) is not caused by:
(A) the renter, the renter's family, or the renter's guest or invitee; and
(B) a use that would violate:
(I) the rental agreement; or
(II) a law applicable to the renter's use of the residential rental unit.
(c) "Notice of deficient condition" means the notice described in Subsection (2).
(d) "Rent abatement remedy" means the remedy described in Subsection (4)(a)(i).
(e) "Renter remedy" means:
(i) a rent abatement remedy; or
(ii) a repair and deduct remedy.
(f) "Repair and deduct remedy" means the remedy described in Subsection (4)(a)(ii).
(g) "Standard of habitability" means a standard:
(i) relating to the condition of a residential rental unit; and
(ii) that an owner is required to ensure that the residential rental unit meets as requiredunder Subsection 57-22-3(1) or Subsection 57-22-4(1)(a) or (b)(i), (ii), or (iii).
(2) (a) If a renter believes that the renter's residential rental unit has a deficient condition,the renter may give the owner written notice as provided in Subsection (2)(b).
(b) A notice under Subsection (2)(a) shall:
(i) describe each deficient condition;
(ii) state that the owner has the corrective period, stated in terms of the applicablenumber of days, to correct each deficient condition;
(iii) state the renter remedy that the renter has chosen if the owner does not, within thecorrective period, take substantial action toward correcting each deficient condition;
(iv) provide the owner permission to enter the residential rental unit to make correctiveaction; and
(v) be served on the owner as provided in:
(A) Section 78B-6-805; or
(B) the rental agreement.
(3) (a) As used in this Subsection (3), "dangerous condition" means a deficient conditionthat poses a substantial risk of:
(i) imminent loss of life; or
(ii) significant physical harm.
(b) If a renter believes that the renter's residential rental unit has a dangerous condition,the renter may notify the owner of the dangerous condition by any means that is reasonable underthe circumstances.
(c) An owner shall:
(i) within 24 hours after receiving notice under Subsection (3)(b) of a dangerouscondition, commence remedial action to correct the dangerous condition; and
(ii) diligently pursue remedial action to completion.
(d) Notice under Subsection (3)(b) of a dangerous condition does not constitute a noticeof deficient condition, unless the notice also meets the requirements of Subsection (2).
(4) (a) Subject to Subsection (4)(b), if an owner fails to take substantial action, before theend of the corrective period, toward correcting a deficient condition described in a notice ofdeficient condition:
(i) if the renter chose the rent abatement remedy in the notice of deficient condition:
(A) the renter's rent is abated as of the date of the notice of deficient condition to theowner;
(B) the rental agreement is terminated;
(C) the owner shall immediately pay to the renter:
(I) the entire security deposit that the renter paid under the rental agreement; and
(II) a prorated refund for any prepaid rent, including any rent the renter paid for theperiod after the date on which the renter gave the owner the notice of deficient condition; and
(D) the renter shall vacate the residential rental unit within 10 calendar days after theexpiration of the corrective period; or
(ii) if the renter chose the repair and deduct remedy in the notice of deficient condition,and subject to Subsection (4)(c), the renter:
(A) may:
(I) correct the deficient condition described in the notice of deficient condition; and
(II) deduct from future rent the amount the renter paid to correct the deficient condition,not to exceed an amount equal to two months' rent; and
(B) shall:
(I) maintain all receipts documenting the amount the renter paid to correct the deficientcondition; and
(II) provide a copy of those receipts to the owner within five calendar days after thebeginning of the next rental period.
(b) A renter is not entitled to a renter remedy if the renter is not in compliance with allrequirements under Section 57-22-5.
(c) (i) If a residential rental unit is not fit for occupancy, an owner may:
(A) determine not to correct a deficient condition described in a notice of deficientcondition; and
(B) terminate the rental agreement.
(ii) If an owner determines not to correct a deficient condition and terminates the rentalagreement under Subsection (4)(c)(i):
(A) the owner shall:
(I) notify the renter in writing no later than the end of the corrective period; and
(II) within 10 calendar days after the owner terminates the rental agreement, pay to therenter:
(Aa) any prepaid rent, prorated as provided in Subsection (4)(c)(ii)(B); and
(Bb) any deposit due the renter;
(B) the rent shall be prorated to the date the owner terminates the rental agreement underSubsection (4)(c)(i); and
(C) the renter may not be required to vacate the residential rental unit sooner than 10calendar days after the owner notifies the renter under Subsection (4)(c)(ii)(A)(I).
(5) (a) After the corrective period expires, a renter may bring an action in district court toenforce the renter remedy that the renter chose in the notice of deficient condition.
(b) In an action under Subsection (5)(a), the court shall endorse on the summons that theowner is required to appear and defend the action within three business days.
(c) If, in an action under Subsection (5)(a), the court finds that the owner unjustifiablyrefused to correct a deficient condition or failed to use due diligence to correct a deficientcondition, the renter is entitled, in addition to the applicable renter remedy, to:
(i) any damages; and
(ii) court costs and a reasonable attorney fee.
(d) An owner who disputes that a condition of the residential rental unit violates arequirement of the rental agreement may file a counterclaim in an action brought against theowner under Subsection (5)(a).
(6) An owner may not be held liable under this chapter for a claim for mental suffering oranguish.
Repealed and Re-enacted by Chapter 352, 2010 General Session