33-1365. Landlord's noncompliance as defense
to action for possession or rent; definition
A. In an action for possession based upon nonpayment of the rent or in an action
for rent where the tenant is in possession, if the landlord is not in compliance with the
rental agreement or this chapter, the tenant may counterclaim for any amount which he may
recover under the rental agreement or this chapter. In that event after notice and
hearing the court from time to time may order the tenant to pay into court all or part of
the undisputed rent accrued and all periodic rent thereafter accruing and shall determine
the amount due to each party. The party to whom a net amount is owed shall be paid first
from the money paid into court and the balance, if any, by the other party. However, if
no rent remains due after application of this section, or if the tenant is adjudged to
have acted in good faith and satisfies a judgment for rent entered for the landlord,
judgment shall be entered for the tenant in the action for possession.
B. In an action for rent where the tenant is not in possession, the tenant may
counterclaim as provided in subsection A but the tenant is not required to pay any rent
into court.
|