Weatherhead Damage from Windstorm

(a)Notwithstanding any other provision of this Chapter, the tenant shall report any observed damage to the weatherhead or weatherhead post where the damage is related to damaging or destructive winds (windspeed that exceeds thirty-four

(34)knots or forty

(40)miles per hour) to the landlord or the landlord’s contractor, agent, representative, or employee. If the landlord fails to commence or make a good faith effort to commence repair to the damaged weatherhead within ten

(10)days following the date that the landlord became aware of the damage, the tenant may, with the services of a master and licensed electrician, and at his own cost, cause repairs to be made to the weatherhead in compliance with Guam’s building and electrical code laws, rules, and regulations. The tenant may deduct the reasonable cost of such repairs from the next subsequent rent payment, only after submitting an itemized invoice to the landlord. In the event that the cost exceeds one

(1)month’s rent payment, the tenant may continue to deduct the balance of the cost, for a period not to exceed three

(3)months. In the event that damage to the weatherhead occurs in a multifamily structure and multiple tenants incur the cost of repairs, each tenant may deduct the cost of the repairs that the respective tenants contributed for the repair service from future rent payments.

(b)The date of the landlord’s awareness of the damage occurs at the earliest date of the following:

(1)the landlord or the landlord’s contractor, agent, representative, or employee becomes aware of the damage to the weatherhead or weatherhead post; CH. 48 GUAM LANDLORD AND TENANT RENTAL ACT OF 2018

(2)the tenant, in writing or orally, communicated the discovery of damage to the weatherhead or weatherhead post to the landlord or the landlord’s contractor, agent, representative, or employee; or

(3)an inspection of the weatherhead or weatherhead post was conducted by an employee or contractor of the Guam Power Authority during post-storm electrical service restoration, and the landlord or tenant was notified that electricity could not be restored until the damage to the weatherhead was repaired in accordance with applicable laws, rules, and regulations.

(c)This Section does not apply to the following:

(1)buildings where a licensed electrician, master electrician, or engineer has determined that it is unsafe to restore electricity service until repairs other than repairs to the weatherhead or weatherhead post are completed; or

(2)the building was subject to water inundation as a result of damaged doors, windows, or loss of roofing parts or flooding, and such building was deemed unsafe by a licensed electrician, master electrician, or engineer until appropriate repairs can be made; or

(3)the tenant apparently abandoned the building following the windstorm.