Section 38-12-1306 - Affirmative defense

If a landlord fails to comply with this part 13, a tenant may assert the landlord's failure as an affirmative defense for a tenant to an eviction proceeding. If a tenant asserts such an affirmative defense, and the landlord cannot demonstrate by a preponderance of the evidence that the landlord has complied with this part 13, the court shall dismiss the eviction proceeding.Added by 2024 Ch. 113,§ 2, eff. 4/19/2024.