Current through 2022 Legislative Session
Section 38-12-1006 - Remedies - liability(1) A landlord who fails to comply with this part 10 is liable to the tenant for the tenant's actual damages.(2) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who:(a) Refuses to provide reasonable access to a dwelling unit; or(b) Fails to comply with a reasonable request for inspection or treatment of a dwelling unit.(3) If a court finds that a tenant has unreasonably failed to comply with one or more requirements set forth in this part 10, the court may issue a temporary order to carry out this part 10, including:(a) Granting the landlord access to the dwelling unit for the purposes set forth in this part 10;(b) Granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit; and(c) Requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance.(4) Any court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four hours before a landlord, qualified inspector, or pest control agent enters the dwelling unit.(5)(a) The remedies in this section are in addition to any other remedies available at law or in equity to any person.(b) This section does not limit or restrict the authority of any state or local housing or health code enforcement agency.Added by 2019 Ch. 426,§ 1, eff. 1/1/2020.L. 2019: Entire part added, (HB 19-1328), ch. 3721, p. 3721, § 1, effective January 1, 2020.