In addition to the affirmative defense set forth in BMC 6.13.020, the remedy stated in this section shall be available to a tenant in a court of competent jurisdiction to the extent such action is allowed by law. A person who files an unlawful detainer action without providing the notice required by this chapter shall be liable to such tenant in a private right of action for actual damages up to $5,000, costs of suit or arbitration, and reasonable attorney’s fees. [Ord. 2018-02-004 § 3].