§ 151.35. NONCOMPLIANCE BY LANDLORD.  


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  • (A) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with § 151.29 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days, and the rental agreement shall terminate as provided in the notice subject to the following:
    (1) If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.
    (2) If substantially the same act or omission which constituted a prior noncompliance covered by subsection (A) of this section of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement.
    (3) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.
    (B) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or § 151.29.
    (C) The remedy provided in subsection (B) of this section is in addition to any right of the tenant arising under subsection (A) of this section.
    (D) If the rental agreement is terminated, the landlord shall return all prepaid rent.
    (1994 Jeff. Code, § 151.35) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)