70-33-407. Fire or casualty damage — rights and obligations of tenant
70-33-407. Fire or casualty damage — rights and obligations of tenant. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises […]
70-33-408. Unlawful or unreasonable entry by landlord — tenant’s remedies
70-33-408. Unlawful or unreasonable entry by landlord — tenant’s remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of […]
70-33-409. Unlawful ouster, exclusion, or diminution of services — tenant’s remedies
70-33-409. Unlawful ouster, exclusion, or diminution of services — tenant’s remedies. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement […]
70-33-410. Action for nonpayment of rent — tenant’s counterclaim
70-33-410. Action for nonpayment of rent — tenant’s counterclaim. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. (b) (i) The court may order the tenant to pay […]
70-33-411. through 70-33-421 reserved
70-33-411 through 70-33-421 reserved.
70-33-422. Noncompliance of tenant generally — landlord’s right of termination — damages — injunction
70-33-422. Noncompliance of tenant generally — landlord’s right of termination — damages — injunction. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321(3), the landlord may terminate the rental agreement upon giving 3 days’ written notice specifying the noncompliance under the provisions of 70-33-321(3). If the […]
70-33-423. Waiver of landlord’s right to termination
70-33-423. Waiver of landlord’s right to termination. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. (2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment […]
70-33-424. Refusal of access — landlord’s remedies
70-33-424. Refusal of access — landlord’s remedies. (1) If the tenant refuses to allow lawful access, the landlord may either obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover actual damages. (2) If a tenant removes a lock or replaces or adds a lock not supplied by the […]
70-33-425. Tenant’s failure to maintain lot — landlord’s right to enter and repair
70-33-425. Tenant’s failure to maintain lot — landlord’s right to enter and repair. If there is noncompliance by the tenant with 70-33-321 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 […]
70-33-404. Landlord’s failure to deliver premises — tenant’s remedies
70-33-404. Landlord’s failure to deliver premises — tenant’s remedies. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302, rent abates until possession is delivered and the tenant may: (a) terminate the rental agreement upon at least 5 days’ written notice to the landlord and, upon termination, the landlord […]