33-1491

33-1491. Retaliatory conduct prohibited;
eviction

A. Except as provided in this section, a landlord shall not retaliate by increasing
rent or decreasing services or by bringing or threatening to bring an action for eviction
after any of the following:

1. The tenant has complained to a governmental agency charged with responsibility
for enforcement of a building or housing code of a violation applicable to the premises
materially affecting health and safety.

2. The tenant has complained to the landlord of a violation under this chapter.

3. The tenant has organized or become a member of a tenant's union or similar
organization.

4. The tenant has filed an action against the landlord in the appropriate court or
with the appropriate hearing officer.

B. If the landlord acts in violation of subsection A of this section, the tenant is
entitled to the remedies provided in section 33-1475 and has a defense in action against
him for eviction. In an action by or against the tenant, evidence of a complaint within
six months prior to the alleged act of retaliation creates a presumption that the
landlord's conduct was in retaliation. The presumption does not arise if the tenant made
the complaint after notice of termination of the rental agreement. For the purpose of
this subsection, "presumption" means that the trier of fact must find the existence of
the fact presumed unless and until evidence is introduced which would support a finding
of its nonexistence.

C. The landlord of a mobile home park shall specify the reason for the termination
of any tenancy in such mobile home park. The reason relied on for the termination shall
be set forth with specific facts, so that the date, place and circumstances concerning
the reason for termination can be determined. Reference to or recital of the language of
this chapter, or both, is not sufficient compliance with this subsection.

D. Notwithstanding subsections A and B of this section, a landlord may bring an
action for eviction if either of the following occurs:

1. The violation of the applicable building or housing code was caused primarily by
lack of reasonable care by the tenant or other person in his household or upon the
premises with his consent.

2. The tenant is in default in rent. The maintenance of the action does not
release the landlord from liability under section 33-1471, subsection B.