(h) (I) If the tenant claims, but fails to prove at trial, the affirmative defense
described in this subsection (2) by a preponderance of the evidence in a
nonpayment eviction, and the landlord otherwise prevails on the landlord's
nonpayment eviction claim, the court shall provide the tenant fourteen days to
remit to the landlord or the court any amount of rent or other monetary amount due
under the rental agreement that is owed to the landlord. If the tenant pays the
amount that is owed to the landlord within fourteen days, the court shall dismiss
the nonpayment claim with prejudice. If the tenant fails to pay the amount that is
owed within fourteen days, the court may enter a judgment for possession.
(II) If the court determines that the tenant brought the affirmative defense
frivolously or for the purpose of delay, the court's judgment for possession is not
subject to the fourteen-day waiting period in accordance with subsection (2)(h)(I) of
this section.
(3) If a court or jury finds a breach of the warranty of habitability, then the
fair rental value of the dwelling unit is rebuttably presumed to be:
(a) Zero dollars if the underlying condition or combination of conditions
materially interferes with the tenant's life, health, or safety as described in section
38-12-503 for the entire period in which the condition or conditions remained
unremedied or unrepaired; or
(b) Fifty percent of the rent according to the rental agreement if the
underlying condition or combination of conditions does not materially interfere with
a tenant's life, health, or safety as described in section 38-12-503 for the entire
period in which the condition or conditions remained unremedied or unrepaired.