§ 1148.10B.Curing of Default - Good Faith Claim of Failure to Provide Minimum Services
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1148.10B
Amendment History
Added by Laws 1990, HB 2009, c. 172, § 1, eff. 9/1/1990.
Plain-English Summary
This section carves out a narrow cure right for a specific kind of default: unpaid rent that the tenant withheld because of a good-faith belief that the landlord failed to provide the minimum services Section 121(C) of Title 41 requires. That defense only works if the tenant gave written notice of the claim, or actual notice to the landlord's rent-collecting agent, within ten days after the rent came due.
Where that condition is met, the court's order has to say so explicitly: the tenant can avoid the writ of execution, cure the breach, and stay in the premises by paying the judgment -- including court costs and attorney's fees -- in cash or by cashier's check, within seventy-two hours.
Frequently Asked Questions
Can a tenant avoid eviction by paying the judgment after losing the case?
Only in the specific situation this section covers: unpaid rent withheld over a good-faith claim that the landlord failed to provide minimum services, where the tenant gave timely notice of that claim.
How quickly does the tenant have to give notice of a minimum-services complaint?
Within ten days of the date the rent became due, by written notice or actual notice to the landlord's agent for collecting rent.
How much time does the tenant have to pay and cure the default?
Seventy-two hours from the court's order, and payment must be in cash or by cashier's check.
What must the tenant pay to cure the default?
The full judgment, including court costs and attorney's fees.