§ 66-28-514. Retaliatory Conduct Prohibited
Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the tenant: Has complained to the landlord of a violation under § 66-28-301; or Has made use of remedies provided under this chapter. Notwithstanding subsection (a), […]
§ 66-28-515. Administration of Remedies — Enforcement
The remedies provided by this chapter shall be so administered that the aggrieved party may recover lawful damages. The aggrieved party has an obligation and duty to mitigate damages. Any right or obligation declared by this chapter is enforceable by legal action unless the provision declaring it specifies a different and limited effect.
§ 66-28-501. Noncompliance With Rental Agreement by Landlord
Except as provided in this chapter, the tenant may recover damages, obtain injunctive relief and recover reasonable attorney’s fees for any noncompliance by the landlord with the rental agreement or any section of this chapter upon giving fourteen (14) days’ written notice. If the rental agreement is terminated for noncompliance after sufficient notice, the landlord […]
§ 66-28-502. Failure to Supply Essential Services
If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: Procure essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable costs from the rent; Recover damages based upon […]
§ 66-28-503. Fire or Casualty Damage
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use of the dwelling unit is substantially impaired, the tenant: May immediately vacate the premises; and Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant’s intention to terminate the rental agreement, […]
§ 66-28-504. Unlawful Ouster, Exclusion, or Diminution of Service
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant, and punitive […]
§ 66-28-505. Noncompliance by Tenant — Failure to Pay Rent
Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall […]
§ 66-28-506. Failure of Tenant to Maintain Dwelling
If there is noncompliance by the tenant with § 66-28-401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying […]
§ 66-28-507. Absence, Nonuse or Abandonment by Tenant
If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in § 66-28-404 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of […]
§ 66-28-508. Waiver of Landlord’s Right to Terminate
If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord’s right and is estopped from terminating the rental agreement as to that breach.