1. If contrary to the rental agreement or section 562B.16 the landlord deliberately or negligently fails to supply running water or other essential
services, the tenant may give written notice to the landlord specifying the breach
and may do one of the following:
a. Procure reasonable amounts of water or other essential services during the period
of the landlord's noncompliance and deduct the actual and reasonable cost from the
b. Recover damages based upon the diminution in the fair market value of the mobile
c. Recover any rent already paid for the period of the landlord's noncompliance which
shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may not proceed under section 562B.22 as to that breach.
3. The rights under this section do not arise until the tenant has given notice to
the landlord or if the condition was caused by the deliberate or negligent act or
omission of the tenant, a member of the tenant's family, or other person on the premises
with the consent of the tenant.
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