4-7-8: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
A. At the commencement of any rental of a unit, the property owner shall provide to the tenant:
1. A written inventory of the condition of the premises and all appliances and furnishings therein and make available a written summary of the ordinance codified herein that fairly sets forth its material provisions.
2. A copy of the lease or rental agreement and rules and regulations, if written.
3. Any current notice by any utility provider to the property owner to terminate water, gas, electrical, or other utility service to the dwelling unit; the proposed date of termination; and any current uncorrected deficiency list or notice from any government entity along with a written statement explaining how the property owner will correct the termination and/or deficiency.
B. By explicit written agreement, a property owner and a tenant may establish a procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs, and deducts the cost of the repairs from the rent due and owing, however any such agreement shall not relieve the property owner from the duty to ensure that such repairs are completed in an expeditious and satisfactory manner as required in this chapter.
C. A property owner may not allocate any duties to the tenant required of the property owner under this chapter unless authorized to do so under the provisions of this chapter.
D. If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in the rental agreement, rent abates until possession is delivered, and the tenant may terminate the rental agreement by written notice to the property owner and recover all prepaid rent and security deposits, as well as the greater of one hundred dollars ($100.00) or actual damages, and any reasonable attorney fees incurred. (Ord. 2005-12-002, 12-1-2005)