Section 18-17-502 - Implied residential quality standards(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or other force majeure events to include without limitation any epidemic or pandemic that causes work stoppages, labor or material shortages, or required social distancing that impacts the ability to maintain or repair a premises, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement:(1) An available source of hot and cold running water;(2) An available source of electricity;(3) A source of potable drinking water;(4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation;(5) A functioning roof and building envelope; and(6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.(b) Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete the renovation, remodeling, or construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement.(c) A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in subsection (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or(B) Fails to return the form to the landlord within two (2) business days; or(2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance:(A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or(B) Was caused by the deliberate or negligent act or omission of:(ii) A member of the tenant's family;(iii) Another occupant of or visitor on the premises; or(iv) Any person other than the landlord or the landlord's agent.(d)(1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section, the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance.(2)(A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq.(B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant's security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law.(3)(A) Nothing in this chapter shall be construed to excuse a tenant from paying rent.(B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section.(e)(1) Nothing in this chapter, or in a lease or rental agreement, shall prohibit a tenant from making a correct installation at his or her expense of a battery-powered or plug-in smoke or carbon monoxide detector.(2) If a battery-powered or plug-in smoke or carbon monoxide detector is installed, the tenant shall be solely responsible for:(A) Determining if the detector is operational;(B) Maintaining the device in working order; and(C) Any damage or repairs to the premises caused by the installation or removal of the detector.(f) Nothing in this chapter shall be construed to:(1) Limit a landlord's exercise of any remedy provided at law or equity upon a tenant's default under a lease or rental agreement; or(2) Expand a landlord's tort liability beyond the limits set by § 18-16-110.(g) Except as otherwise provided by this chapter, a landlord or tenant shall not agree in a lease or rental agreement to waive or forego any of the rights, duties, or remedies available under this chapter.(h) This section does not relieve the landlord from having to comply with any stricter applicable housing standard of a local government with jurisdiction.Added by Act 2021, No. 1052,§ 1, eff. 7/28/2021.