TITLE 34
Property
CHAPTER 34-18
Residential Landlord and Tenant Act
SECTION 34-18-28
§ 34-18-28 Noncompliance by the landlord
in general.
(a) Except as provided by this chapter, if there is a noncompliance by the
landlord with the rental agreement or a noncompliance with § 34-18-22
materially affecting health and safety, the tenant may deliver a written notice
to the landlord specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less than thirty (30)
days after receipt of the notice if the breach is not remedied in twenty (20)
days, and the rental agreement shall terminate as provided in the notice
subject to the following:
(1) If the breach is remediable by repairs, the payment of
damages or otherwise and the landlord adequately remedies the breach before the
date specified in the notice, the rental agreement shall not terminate by
reason of the breach.
(2) If substantially the same act or omission which
constituted a prior noncompliance of which notice was given recurs within six
(6) months, the tenant may terminate the rental agreement upon at least
fourteen (14) days' written notice specifying the breach and the date of
termination of the rental agreement.
(3) The tenant may not terminate for a condition caused by
the deliberate or negligent act or omission of the tenant, a member of his or
her family, or other person on the premises with his or her consent.
(b) Except as provided in this chapter, the tenant may
recover actual damages and obtain injunctive relief for noncompliance by the
landlord with the rental agreement or § 34-18-22. If the landlord's
noncompliance is willful, the tenant may recover reasonable attorney's fees.
(c) The remedy provided in subsection (b) of this section is
in addition to any right of the tenant arising under subsection (a).
(d) If the rental agreement is terminated, the landlord shall
return all security recoverable by the tenant under § 34-18-19 and all
prepaid rent.
History of Section.
(P.L. 1986, ch. 200, § 2.)
