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In the event of the failures specified below, the property owner shall take reasonable steps to begin repairing the failures, within the following specified time periods after receipt of appropriate written notice of the failure delivered to the person identified in subsection 15.25.030A2 of this chapter and complete the repairs with reasonable diligence.
A. Inoperable toilet, twenty four (24) hours.
B. Tub, shower, or kitchen and bathroom sink with inoperable drain or no hot or cold water, forty eight (48) hours.
C. Inoperable refrigerator or cooking range or stove, forty eight (48) hours.
D. Nonfunctioning heating (during a period where heat is reasonably necessary) or electrical system, twenty four (24) hours.
E. Inoperable electric fixture, seventy two (72) hours.
F. Broken exterior door or inoperable or missing exterior door lock, forty eight (48) hours.
G. Broken window with missing glass, ninety six (96) hours.
H. Inoperable exterior lighting, ninety six (96) hours.
I. Broken stair or balustrade, twenty four (24) hours.
J. Inoperable or missing smoke detector required by code, twenty four (24) hours.
K. Inoperable required fire sprinkler system (if smoke detectors are not present or operating), twenty four (24) hours.
L. Inoperable required fire sprinkler system (if smoke detectors are installed and operable), ninety six (96) hours.
M. Broken or leaking water pipes causing an imminent threat to life, safety, or health, twenty four (24) hours.
N. Other broken or leaking water pipes, seventy two (72) hours.
O. Disconnection of electrical, water, or natural gas service caused by property owner, twenty four (24) hours.
The tenant shall grant the property owner reasonable access to perform the repairs required in this section. (Ord. 98-42, 1998)
If the property owner fails to take reasonable steps to begin making the repairs required by section 15.25.110 of this chapter within the specified times, and the tenant is current on all rent and other payments to the property owner, the tenant may cause the repairs to be made subject to the following provisions:
A. Tenant Caused Damages: The repair and deduct provisions of this section shall not be applicable to any damages caused or repairs necessitated by actions of the tenant or the tenant's invited guests or other occupants of the dwelling unit.
B. Critical Repairs: If the repairs involve an inoperable toilet; lack of heat during a period for which heat is required; broken or leaking water pipes posing an immediate threat to life, safety, or health; a complete lack of running water; or disconnected gas, electric, or water service, the tenant may, upon the expiration of the notice period specified in section 15.25.110 of this chapter, cause the necessary repairs to be made.
1. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes.
2. If a licensed contractor is required for the work, the tenant shall contract for the work to be done by the lowest bidder.
C. Noncritical Repairs: If the required repairs are not critical repairs subject to the provisions of subsection B of this section, the tenant, after the expiration of the notice time required by section 15.25.110 of this chapter, shall give the property owner or property owner's agent identified in subsection 15.25.030A2 of this chapter a second written notice of intent to repair and deduct. This second notice shall be either delivered and served personally upon the property owner or agent or sent by both certified and regular mail.
1. The second notice shall state the nature of the problem, the date the tenant sent the first notice required by section 15.25.110 of this chapter, and the intention of the tenant to cause the repairs to be done and to deduct the cost from the rent if the property owner does not make the repairs.
2. The property owner shall begin making the required repairs within forty eight (48) hours (excluding holidays and weekends) after the hand delivery of the second notice, or by the end of the second calendar day after the date of mailing of the second notice, and complete the repairs with reasonable diligence.
3. If the property owner has not begun the required repairs within the time specified in subsection C2 of this section, the tenant may cause the repairs to be made.
4. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes for the work. The tenant shall obtain two (2) written bids for the work, and shall contract for the work at the low bidder.
5. If a licensed contractor is not required for the work, the tenant may do the work on his or her own, or contract for the work to be done at a reasonable cost.
D. Deductible Amount: For any repairs made pursuant to this section, the tenant may deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum deduction of four hundred dollars ($400.00) per repair; provided, however, the tenant shall furnish all original bids and paid receipts to the property owner. The maximum deduction for any one month shall not exceed four hundred dollars ($400.00), regardless of the number or cost of repairs.
E. Nontermination: The property owner may not terminate the tenant's tenancy for the tenant's deduction of rent for repairs made pursuant to this section, nor may the property owner terminate the tenancy until the tenant's costs for repairs made under this section (not to exceed $400.00 per repair) have been offset by deducted rent. (Ord. 98-42, 1998)
A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a property owner may not terminate a rental agreement or bring or threaten to bring an eviction action because the tenant has in good faith:
1. Complained of code violations at the premises to a government agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
2. Complained of a building, housing, health, or similar code violation or an illegal property owner practice to a community organization or the news media;
3. Sought the assistance of a community organization or the news media to remedy code violation or illegal property owner practice;
4. Requested that the property owner make repairs to the premises as required by this chapter, a building or health code, other regulation, or the residential rental agreement;
5. Become a member of a tenant's union or similar organization;
6. Testified in any court or administrative proceeding concerning the condition of the premises; or
7. Exercised any right or remedy provided by law.
B. If the property owner or tenant violates any provision of this section, the property owner or tenant may recover the greater of one hundred dollars ($100.00) or actual damages, and reasonable attorney fees. (Ord. 98-42, 1998)