Noncompliance by the landlord

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33-2141. Noncompliance by the landlord

A. Except as otherwise provided by law, if there is a material noncompliance by the landlord with the rental agreement or the rules, 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 on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord 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 on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the recreational vehicle space shall be vacated as provided in the notice subject to the following:

1. If the breach is remediable by repairs or 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.

2. The tenant shall not terminate the rental agreement for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or any other person on the premises with the tenant's consent.

B. Except as otherwise provided by law, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or any other provision of law.

C. The remedy provided in subsection B is in addition to any right of the tenant arising under subsection A.

D. If the rental agreement is terminated pursuant to this section, the landlord shall return all deposits less reasonable damages.


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