57-22-6. Renter's remedies -- Compliance required -- Notice to owner or
agent-renter entitled to judicial remedy -- Attorney fees.
(1) A renter is not entitled to the remedies set forth in this section unless the renter is in
compliance with all provisions of Section 57-22-5.
(2) If a reasonable time has elapsed after the renter has served written notice on the
owner under Section 57-22-4 and the condition described in the notice has not been corrected,
the renter may cause a "notice to repair or correct condition" to be prepared and served on the
owner pursuant to Section 78B-6-805. This notice shall:
(a) recite the previous notice served under Subsection 57-22-4(2);
(b) recite the number of days that have elapsed since the notice was served and state that
under the circumstances such a period of time constitutes the reasonable time allowed under
Section 57-22-4;
(c) state the conditions included in the previous notice which have not been corrected;
(d) make demand that the uncorrected conditions be corrected; and
(e) state that in the event of failure of the owner to commence reasonable corrective
action within three days the renter will seek redress in the courts.
(3) (a) If the owner has not corrected or used due diligence to correct the conditions
following the notice under this section, the renter is entitled to bring an action in district court.
(b) The court shall endorse on the summons the number of days within which the owner
is required to appear and defend the action, which shall not be less than three nor more than 20
days from the date of service.
(c) Upon a showing of an unjustified refusal to correct or the failure to use due diligence
to correct a condition described in this chapter, the renter is entitled to damages and injunctive
relief as determined by the court.
(d) The damages available to the renter include rent improperly retained or collected.
Injunctive relief includes a declaration of the court terminating the rental agreement and an order
for the repayment of any deposit and rent due.
(e) The prevailing party shall be awarded attorney fees commensurate with the cost of the
action brought.
(4) (a) If the renter is notified that the owner intends to terminate the rental agreement
pursuant to Section 57-22-4, the renter is entitled to receive the balance of the rent due and the
deposit on the rental unit within ten days of the date the agreement is terminated.
(b) No renter may be required to move sooner than ten days after the date of notice.
Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009