33-1363. Self-help for minor defects
A. If the landlord fails to comply with section 33-1324, and the reasonable cost of
compliance is less than three hundred dollars, or an amount equal to one-half of the
monthly rent, whichever amount is greater, the tenant may recover damages for the breach
under section 33-1361, subsection B, or may notify the landlord of the tenant's intention
to correct the condition at the landlord's expense. After being notified by the tenant
in writing, if the landlord fails to comply within ten days or as promptly thereafter as
conditions require in case of emergency, the tenant may cause the work to be done by a
licensed contractor and, after submitting to the landlord an itemized statement and a
waiver of lien, deduct from his rent the actual and reasonable cost of the work, not
exceeding the amount specified in this subsection.
B. A tenant may not repair at the landlord's expense if the condition was caused by
the deliberate or negligent act or omission of the tenant, a member of the tenant's
family or other person on the premises with the tenant's consent.
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