16-9-104. PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT.
(1) At the commencement of any rental of a unit, the property owner shall provide to the tenant:
a. A written summary of this ordinance and an inventory of the condition of the premises and all appliances and furnishings. The City shall prepare and make available a written summary of this ordinance that fairly sets forth its material provisions.
b. A copy of the lease or rental agreement and rules and regulations, if written.
c. Any current notice by any utility provider to the property owner to terminate water, gas, electrical, or other utility service to the dwelling unit; the proposed date of termination; and any current uncorrected deficiency list or notice from any government entity.
(2) By explicit written agreement, a property owner and a tenant may establish a procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs, and deducts the cost of the repairs from the rent due and owing.
(3) A property owner may allocate any duties to the tenant by explicit written agreement. Such agreement must be clear and specific and boxed, in bold type, or underlined.
(4) If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in the rental agreement, rent abates until possession is delivered, and the tenant may terminate the rental agreement by written notice to the property owner and recover all prepaid rent and security deposits, as well as the greater of $100 or actual damages, and reasonable attorney’s fees.