Exception for certain single-family residences.

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(1) For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply with section 38-12-503, subject to the following requirements:

  1. The agreement of the landlord and tenant is entered into in good faith and is set forthin a writing that is separate from the rental agreement, signed by the parties, and supported by adequate consideration; and

  2. The tenant has the requisite skills to perform the work required to comply with section 38-12-503 (1).

(2) To the extent that performance by a tenant relates to a characteristic set forth in section 38-12-505 (1), the tenant assumes the obligation for the characteristic, and the lack of the characteristic does not make the residential premises uninhabitable.

Source: L. 2008: Entire part added, p. 1823, § 3, effective September 1. L. 2019: Entire section R&RE, (HB 19-1170), ch. 229, p. 2309, § 5, effective August 2.


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