57-22-4.   Owner's duties -- Maintenance of common areas, building, and utilities -- Duty to correct -- No duty to correct condition caused by renter -- Owner may refuse to correct.
     (1) To protect the physical health and safety of the ordinary renter, each owner shall:
     (a) not rent the premises unless they are safe, sanitary, and fit for human occupancy;
     (b) maintain common areas of the residential rental unit in a sanitary and safe condition;
     (c) maintain electrical systems, plumbing, heating, and hot and cold water;
     (d) maintain other appliances and facilities as specifically contracted in the lease agreement; and
     (e) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that renters and owners otherwise agree.
     (2) In the event the renter believes the residential rental unit does not comply with the standards for health and safety required under this chapter, the renter shall give written notice of the noncompliance to the owner. Within a reasonable time after receipt of this notice, the owner shall commence action to correct the condition of the unit. The notice required by this subsection shall be served pursuant to Section 78B-6-805.
     (3) The owner need not correct or remedy any condition caused by the renter, the renter's family, or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it.
     (4) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the unit is unfit for occupancy. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance. If the rental agreement is terminated, the rent paid shall be prorated to the date the agreement is terminated, and any balance shall be refunded to the renter along with any deposit due.
     (5) The owner is not liable under this chapter for claims for mental suffering or anguish.

Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009