70-26-203. Failure of lessor to repair -- lessee's remedies. (1) If within a reasonable time after notice to the lessor of dilapidations that the lessor ought to repair, the lessor neglects to do so and if the cost of the repairs does not require an expenditure greater than 1 month's rent of the premises, the lessee may perform the repairs and deduct the expenses of the repairs from the rent or the lessee may vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions.
(2) Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
History: En. Sec. 2621, Civ. C. 1895; re-en. Sec. 5227, Rev. C. 1907; re-en. Sec. 7742, R.C.M. 1921; Cal. Civ. C. Sec. 1942; Based on Field Civ. C. Sec. 991; re-en. Sec. 7742, R.C.M. 1935; R.C.M. 1947, 42-202; amd. Sec. 16, Ch. 115, L. 1979; amd. Sec. 2188, Ch. 56, L. 2009.
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