A. As used in this section:
CORRECTIVE PERIOD:
1. For a standard of habitability, three (3) calendar days; and
2. For a requirement imposed by a rental agreement, ten (10) calendar days.
DEFICIENT CONDITION: A condition of a residential rental unit that:
1. Violates a standard of habitability or a requirement of the rental agreement; and
2. 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:
(1) The rental agreement; or
(2) A law applicable to the renter's use of the residential rental unit.
NOTICE OF DEFICIENT CONDITION: The notice described in subsection B of this section.
RENT ABATEMENT REMEDY: The remedy described under subsection D1a of this section.
RENTER REMEDY:
1. A rent abatement remedy; or
2. A repair and deduct remedy.
REPAIR AND DEDUCT REMEDY: The remedy described in subsection D1b of this section.
STANDARD OF HABITABILITY: A standard:
1. Relating to the condition of a residential rental unit; and
2. That an owner is required to ensure that the residential rental unit meets as required under sections 57-22-3(1) or 57-22-4(1)(a) or (b)(i), (ii), or (iii) of the Utah Code.
B. 1. 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 hereunder.
2. A notice under subsection B1 of this section shall:
a. Describe each deficient condition;
b. State that the owner has the corrective period, stated in terms of the applicable number of days, to correct each deficient condition;
c. State the renter remedy that the renter has chosen if the owner does not, within the corrective period, take substantial action toward correcting each deficient condition;
d. Provide the owner permission to enter the residential rental unit to make corrective action; and
e. Be served on the owner as provided in:
(1) Section 78B-6-805 of the Utah Code; or
(2) The rental agreement.
C. 1. As used in this subsection C, "dangerous condition" means a deficient condition that poses a substantial risk of:
a. Imminent loss of life; or
b. Significant physical harm.
2. 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 under the circumstances.
3. An owner shall:
a. Within twenty four (24) hours after receiving notice under subsection C2 of this section of a dangerous condition, commence remedial action to correct the dangerous condition; and
b. Diligently pursue remedial action to completion.
4. Notice of a dangerous condition does not constitute a notice of deficient condition, unless the notice also meets the requirements of subsection B of this section.
D. 1. Subject to subsection D2 of this section, if an owner fails to take substantial action, before the end of the corrective period, toward correcting a deficient condition described in a notice of deficient condition:
a. If the renter chose the rent abatement remedy in the notice of deficient condition:
(1) The renter's rent is abated as of the date of the notice of deficient condition to the owner;
(2) The rental agreement is terminated;
(3) The owner shall immediately pay to the renter:
(A) The entire security deposit that the renter paid under the rental agreement; and
(B) A prorated refund for any prepaid rent, including any rent the renter paid for the period after the date on which the renter gave the owner the notice of deficient condition; and
(4) The renter shall vacate the residential rental unit within ten (10) calendar days after the expiration of the corrective period; or
b. If the renter chose the repair and deduct remedy in the notice of deficient condition, and subject to subsection D3 of this section, the renter:
(1) May:
(A) Correct the deficient condition described in the notice of deficient condition; and
(B) Deduct from future rent the amount the renter paid to correct the deficient condition, not to exceed an amount equal to two (2) months' rent; and
(2) Shall:
(A) Maintain all receipts documenting the amount the renter paid to correct the deficient condition; and
(B) Provide a copy of those receipts to the owner within five (5) calendar days after the beginning of the next rental period.
2. A renter is not entitled to a renter remedy if the renter is not in compliance with all requirements under section 57-22-5 of the Utah Code.
3. a. If a residential rental unit is not fit for occupancy, an owner may:
(1) Determine not to correct a deficient condition described in a notice of deficient condition; and
(2) Terminate the rental agreement.
b. If an owner determines not to correct a deficient condition and terminates the rental agreement:
(1) The owner shall:
(A) Notify the renter in writing no later than the end of the corrective period; and
(B) Within ten (10) calendar days after the owner terminates the rental agreement, pay to the renter:
(i) Any prepaid rent, prorated as provided hereunder; and
(ii) Any deposit due the renter;
(2) The rent shall be prorated to the date the owner terminates the rental agreement; and
(3) The renter may not be required to vacate the residential rental unit sooner than ten (10) calendar days after the owner notifies the renter.
E. 1. After the corrective period expires, a renter may bring an action in District Court to enforce the renter remedy that the renter chose in the notice of deficient condition.
2. In an action under subsection E1 of this section, the court shall endorse on the summons that the owner is required to appear and defend the action within three (3) business days.
3. If, in an action under subsection E1 of this section, the court finds that the owner unjustifiably refused to correct a deficient condition or failed to use due diligence to correct a deficient condition, the renter is entitled to any damages, in addition to the applicable renter remedy.
4. An owner who disputes that a condition of the residential rental unit violates a requirement of the rental agreement may file a counterclaim in an action brought against the owner under subsection E1 of this section.
F. An owner may not be held liable under this chapter for a claim for mental suffering or anguish.
G. In an action under this chapter, the court may award costs and reasonable attorney fees to the prevailing party. (Ord. 17-31)