Section 4458 - Habitability; tenant remedies(a) If the landlord fails to comply with the landlord's obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may:(1) withhold the payment of rent for the period of the noncompliance;(2) obtain injunctive relief;(3) recover damages, costs, and reasonable attorney's fees; and(4) terminate the rental agreement on reasonable notice.(b) Tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent.Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj. Sess.), § 6.