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.)