TITLE 34
Property

CHAPTER 34-20
Trespass and Actions for Possession

SECTION 34-20-11


§ 34-20-11 Termination of tenancy for failure to pay increased rent imposed as penalty.

When proceedings commenced under this chapter are to regain possession of the premises following the alleged termination of a tenancy, if the defendant alleges and it appears by a preponderance of the evidence that the plaintiff attempted to increase the defendant's obligations under the letting as a penalty for the justified lawful acts described in the preceding section, and that the defendant's failure to perform the additional obligations was a material reason for the alleged termination, judgment shall be entered for the defendant on the claim of possession, and all the additional obligations shall be void.

History of Section.
(P.L. 1968, ch. 55, § 1.)