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.)