16-9-112. TENANT REPAIR AND DEDUCT.
If the property owner fails to begin making the repairs required by Section 16-9-111 within the specified times, and the tenant is current on all rent and other payments to the property owner, the tenant may cause the repairs to be made subject to the following provisions:
(1) Critical Repairs. If the repairs involve an inoperable toilet; lack of heat during a period for which heat is required; broken or leaking water pipes posing an immediate threat to life, safety, or health; a complete lack of running water; or disconnected gas, electric, or water service, the tenant may, upon the expiration of the notice period specified in Section 16-9-111, cause the necessary repairs to be made.
a. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes.
b. If a licensed contractor is required for the work, the tenant shall make reasonable efforts to obtain two bids for the work, and, if bids are obtained, shall contract for the work to be done by the lowest bidder.
(2) Noncritical Repairs. If the required repairs are not critical repairs subject to the provisions of subsection (1) of this Section, the tenant, after the expiration of the notice time required by Section 16-9-111, shall give the property owner or property owner’s agent identified in Section 16-9-103 a second written notice of intent to repair and deduct. This second notice shall be either delivered and served personally upon the property owner or agent or sent by both certified and regular mail.
a. The second notice shall state the nature of the problem, the date the tenant sent the first notice required by Section 16-9-111, and the intention of the tenant to cause the repairs to be done and to deduct the cost from the rent if the property owner does not make the repairs.
b. The property owner shall begin making the required repairs within 48 hours after the hand delivery of the second notice, or by the end of the second calendar day after the date of mailing of the second notice, and complete the repairs with reasonable diligence.
c. If the property owner has not begun the required repairs within the time specified in subsection (2)(b) of this Section, the tenant may cause the repairs to be made.
d. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes.
e. If a licensed contractor is required for the work, the tenant shall make reasonable efforts to obtain two bids for the work, and, if bids are obtained, shall contract for the work with the low bidder.
f. If a licensed contractor is not required for the work, the tenant may do the work on his or her own, or contract for the work to be done at a reasonable cost.
(3) Deductible Amount. For any repairs made pursuant to this Section, the tenant may deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum deduction of $400 per repair; provided, however, the tenant shall furnish all original paid receipts to the property owner. The maximum deduction for any one month shall not exceed $400, regardless of the number or cost of repairs.
(4) Nontermination. The property owner may not terminate the tenant’s tenancy for the tenant’s deduction of rent for repairs made pursuant to this Section, nor may the property owner terminate the tenancy until the tenant’s costs for repairs made under this Section (not to exceed $400 per repair) have been offset by deducted rent.
(5) Tenant Caused Damages. The repair and deduct provisions of this Section shall not be applicable to any damages caused or repairs necessitated by actions of the tenant or the tenant’s invited guests or other occupants of the dwelling unit.