70-33-410. Action for nonpayment of rent -- tenant's counterclaim.
70-33-410. Action for nonpayment of rent -- tenant's counterclaim. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter.
(b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party.
(ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party.
(iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money.
(c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession.
(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court.
History: En. Sec. 38, Ch. 267, L. 2007.