PART VI. 
REMEDIES AND PENALTIES



 



§521-61  Tenant's remedies for failure by
landlord to supply possession.  (a)  If the landlord fails to put the
tenant into possession of the dwelling unit in the agreed condition at the
beginning of the agreed term:



(1)  The tenant shall not be liable for the rent
during any period the tenant is unable to enter into possession;



(2)  At any time during the period the tenant is so
unable to enter into possession the tenant may notify the landlord that the
tenant has terminated the rental agreement; and



(3)  The tenant shall have the right to recover
damages in the amount of reasonable expenditures necessary to secure adequate
substitute housing, the recovery to be made either by action brought in the
district court or by deduction from the rent upon submission to the landlord of
receipts totaling at least



(A)  The amount of abated rent; plus



(B)  The amount claimed against the rent; or



(4)  If the inability to enter results from the
wrongful holdover of a prior occupant, the tenant may maintain a summary
proceeding in the district court for possession.



(b)  In any district court proceeding brought
by the tenant under this section the court may award the tenant substitute
housing expenditures, reasonable court costs, and attorney's fees. [L 1972, c
132, pt of §1; am L 1976, c 90, §4; gen ch 1985]