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§34-18-28  Noncompliance by the landlord in general. –


Published: 2015

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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.)