33-1473. Self-help for minor defects
A. If the landlord fails to comply with section 33-1434, the tenant may recover
damages for the breach under section 33-1471, subsection B, or may notify the landlord of
his 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 twenty 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.
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 his family or
other person on the premises with his consent.
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