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§34-18-30  Self-help for limited repairs. –


Published: 2015

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TITLE 34

Property

CHAPTER 34-18

Residential Landlord and Tenant Act

SECTION 34-18-30



   § 34-18-30  Self-help for limited repairs.

–

(a) If the landlord fails to comply with subsection of § 34-18-22(a)(1),

(2), (4), (5), or (6), and the reasonable cost of compliance is less than one

hundred twenty-five dollars ($125), the tenant may cause repairs to be done in

a skilled manner, in compliance with applicable state and local codes, and

deduct from his or her rent the actual and reasonable cost or the fair and

reasonable value of the repairs if:



   (1) The tenant notifies the landlord of his or her intention

to correct the condition at the landlord's expense; and



   (2) The landlord fails to comply within twenty (20) days, or

fails to demonstrate ongoing, good faith efforts to comply, after being

notified by the tenant in writing; or, in the case of emergency, the landlord

either cannot be reached by the tenant, or the landlord fails to comply as

promptly as conditions require; and



   (3) The tenant submits an itemized statement to the landlord

of the cost or the fair and reasonable value of the repairs made.



   (b) A tenant may not repair at the landlord's expense if the

condition was 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.



History of Section.

(P.L. 1986, ch. 200, § 2.)