33-2148. Retaliatory conduct prohibited; eviction

A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following:

1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation that applies to the premises and that materially affects health and safety.

2. The tenant has complained to the landlord of a violation under this chapter.

3. The tenant has organized or become a member of a tenants' union or similar organization.

4. The tenant has filed an action seeking relief pursuant to section 33-2107 or has filed any other action against the landlord in an appropriate court.

B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to an amount equal to two months' periodic rent and twice the actual damages sustained by the tenant and has a defense in action against the landlord for eviction, unless the landlord proves good cause for the landlord's action.

C. Notwithstanding subsections A and B of this section, a landlord may bring an action for eviction if either of the following occurs:

1. The violation of an applicable building or housing code was caused primarily by lack of reasonable care by the tenant or another person in the tenant's household or who was on the premises with the tenant's consent.

2. The tenant is in default in rent. The filing of an action does not release the landlord from liability pursuant to section 33-2141, subsection B.