§ 34-18-33 - Fire or casualty damage.
SECTION 34-18-33
§ 34-18-33 Fire or casualty damage. –(a) If the dwelling unit or premises are damaged or destroyed by fire orcasualty to an extent that enjoyment of the dwelling unit is substantiallyimpaired, the tenant may:
(1) Immediately vacate the premises and notify the landlordin writing within fourteen (14) days thereafter of his or her intention toterminate the rental agreement, in which case the rental agreement terminatesas of the date of vacating; or
(2) If continued occupancy is lawful, vacate any part of thedwelling unit rendered unusable by the fire or casualty, in which case thetenants' liability for rent is reduced in proportion to the diminution in thefair rental value of the dwelling unit.
(b) If the rental agreement is terminated the landlord shallreturn all security recoverable under § 34-18-19 and all prepaid rent.Accounting for rent in the event of termination or apportionment shall be madeas of the date of the fire or casualty.
(c) This section shall not be construed to limit the right ofthe landlord to recover in an action in tort damages resulting from a fire orother casualty damage caused either negligently or deliberately by the tenant.