§ 34-18-28 - Noncompliance by the landlord in general.
SECTION 34-18-28
§ 34-18-28 Noncompliance by the landlordin general. – (a) Except as provided by this chapter, if there is a noncompliance by thelandlord with the rental agreement or a noncompliance with § 34-18-22materially affecting health and safety, the tenant may deliver a written noticeto the landlord specifying the acts and omissions constituting the breach andthat 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 noticesubject to the following:
(1) If the breach is remediable by repairs, the payment ofdamages or otherwise and the landlord adequately remedies the breach before thedate specified in the notice, the rental agreement shall not terminate byreason of the breach.
(2) If substantially the same act or omission whichconstituted a prior noncompliance of which notice was given recurs within six(6) months, the tenant may terminate the rental agreement upon at leastfourteen (14) days' written notice specifying the breach and the date oftermination of the rental agreement.
(3) The tenant may not terminate for a condition caused bythe deliberate or negligent act or omission of the tenant, a member of his orher family, or other person on the premises with his or her consent.
(b) Except as provided in this chapter, the tenant mayrecover actual damages and obtain injunctive relief for noncompliance by thelandlord with the rental agreement or § 34-18-22. If the landlord'snoncompliance is willful, the tenant may recover reasonable attorney's fees.
(c) The remedy provided in subsection (b) of this section isin addition to any right of the tenant arising under subsection (a).
(d) If the rental agreement is terminated, the landlord shallreturn all security recoverable by the tenant under § 34-18-19 and allprepaid rent.