§ 34-20-10 - Unlawful termination of tenancy in general.
SECTION 34-20-10
§ 34-20-10 Unlawful termination of tenancyin general. – When proceedings commenced under this chapter are to regain possession of thepremises following the alleged termination of a tenancy, if the defendantalleges in his or her answer and if it appears by a preponderance of theevidence that any of the following situations exist, judgment shall be enteredfor the defendant:
(1) That the alleged termination was intended as a penaltyfor the defendant's justified attempt to secure or enforce rights under a leaseor contract, or under the laws of the state or its governmental subdivisions,or of the United States.
(2) That the alleged termination was intended as a penaltyfor the defendant's justified complaint to a governmental authority with areport of plaintiff's violation of any health or safety code or ordinance.
(3) That the alleged termination was intended as a penaltyfor any other justified lawful act of the defendant.
(4) That the alleged termination was a tenancy in housingoperated by a city, town, municipal housing authority, or other unit of a localgovernment, and was terminated without cause.