70-24-405. Failure of landlord to deliver possession -- tenant's remedies.
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/mt/title-70/chapter-24/part-4/70-24-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
70-24-405 . Failure of landlord to deliver possession -- tenant's remedies.
(1)If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302 , rent abates until possession is delivered and the tenant may:
(a)terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or
(b)demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.
(2)If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.