A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33 1323, rent abates until possession is delivered and the tenant may do either of the following:
1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33 1324, rent shall not abate. Tenant may proceed with the remedies provided for in section 33 1361.