Action for Damages for Failure to Maintain Property — Measure of Damages
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An owner of residential property affected by residential rental property or residential property not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or residential property for failure to maintain the property in the manner required by § 13-6-103; provided, however, that a showing by the owner of the residential rental property or residential property that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section.
The measure of damages shall be the difference between the value of the owner's residential property if the residential rental property or residential property were maintained at the community standards of the residential property in the area and the value of the owner's residential property because the residential rental property or residential property is not maintained at such community standards.
As proof of the value of the owner's residential property, the plaintiff shall submit to the court two (2) independent appraisals.
Upon a finding by the court that an owner of residential rental property or residential property has failed to maintain the property in the manner required by § 13-6-103, the court may award to the person bringing an action under this chapter reasonable attorney's fees and costs.