38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a

38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach. (1) It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defense to a tenant's claim of breach of the warranty of habitability, a landlord must demonstrate that:

(a) The tenant:

(I) Refused to provide or accept a proposed reasonable alternative date and time for entry into the dwelling unit;

(II) Unreasonably denied entry to the dwelling unit; or

(III) Engaged in any other action or inaction that unreasonably delayed or otherwise prevented the landlord from commencing, maintaining, or completing the remedial action; and

(b) The tenant's actions described in subsection (1)(a) of this section made it impracticable for the landlord to reasonably remedy or repair the condition.

(2) to (4) Repealed.

(5) If the condition alleged to breach the warranty of habitability is the result of the action or inaction of a third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to remedy or repair the condition, but is unable to remedy or repair the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section 38-12-507 (1)(a).

(6) For public housing authorities and other housing providers receiving federal financial assistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.