(1) It shall be a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from curing the condition underlying the breach of the warranty of habitability.
Only parties to the rental agreement or other adult residents listed on the rental agreement who are also lawfully residing in the dwelling unit may assert a claim for a breach of the warranty of habitability.
Repealed.
Except as provided in section 38-12-509 (2), a tenant may not assert a breach of thewarranty of habitability as a defense to a landlord's action for possession based upon a nonmonetary violation of the rental agreement or for an action for possession based upon a notice to quit or vacate.
If the condition alleged to breach the warranty of habitability is the result of theaction or inaction of a tenant in another dwelling unit or another third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to abate the condition, but is unable to abate the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy shall be termination of the rental agreement consistent with section 38-12-507 (1)(a).
For public housing authorities and other housing providers receiving federal financialassistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.
Source: L. 2008: Entire part added, p. 1825, § 3, effective September 1. L. 2019: (3) repealed and (4) amended, (HB 19-1170), ch. 229, p. 2313, § 7, effective August 2.