§ 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.
Structure Rhode Island General Laws
Chapter 34-18 - Residential Landlord and Tenant Act
Section 34-18-1. - Short title.
Section 34-18-2. - Purposes — Rules of construction.
Section 34-18-3. - Supplementary principles of law applicable.
Section 34-18-4. - Construction against implicit repeal.
Section 34-18-5. - Administration of remedies — Enforcement.
Section 34-18-6. - Temporary restraining orders — Ex parte proceedings.
Section 34-18-7. - Application.
Section 34-18-8. - Exclusions from application of chapter.
Section 34-18-9. - Jurisdiction.
Section 34-18-10. - Service of process for actions pursuant to chapter.
Section 34-18-11. - Definitions.
Section 34-18-12. - Obligation of good faith.
Section 34-18-13. - Unconscionability.
Section 34-18-15. - Terms and conditions of rental agreement.
Section 34-18-16. - Effect of unsigned or undelivered rental agreement.
Section 34-18-16.1. - Rent increases — Notice requirements.
Section 34-18-17. - Prohibited provisions in rental agreements.
Section 34-18-18. - Receipt of rent free of maintenance obligations forbidden.
Section 34-18-19. - Security deposits.
Section 34-18-20. - Disclosure.
Section 34-18-21. - Landlord to deliver possession of dwelling unit.
Section 34-18-22. - Landlord to maintain premises.
Section 34-18-22.1. - Landlord’s duty to notify tenant of violation.
Section 34-18-22.2. - Landlord’s duty regarding compliance with zoning and minimum housing laws.
Section 34-18-22.3. - Nonresident landlord to designate agent for service of process.
Section 34-18-23. - Limitation of liability upon sale or change of management.
Section 34-18-24. - Tenant to maintain dwelling unit.
Section 34-18-25. - Rules and regulations.
Section 34-18-27. - Tenant to use and occupy.
Section 34-18-28. - Noncompliance by the landlord in general.
Section 34-18-29. - Failure to deliver possession.
Section 34-18-30. - Self-help for limited repairs.
Section 34-18-31. - Wrongful failure to supply heat, water, hot water, or essential services.
Section 34-18-32. - Landlord’s noncompliance as defense to action for possession or rent.
Section 34-18-33. - Fire or casualty damage.
Section 34-18-35. - Eviction for nonpayment of rent.
Section 34-18-36. - Eviction for noncompliance with rental agreement.
Section 34-18-37. - Termination of periodic tenancy.
Section 34-18-38. - Eviction for unlawfully holding over after termination or expiration of tenancy.
Section 34-18-38.2. - Just cause needed for eviction of foreclosed residential property tenants.
Section 34-18-39. - Failure to maintain.
Section 34-18-40. - Remedies for abandonment.
Section 34-18-41. - Waiver of landlord’s right to terminate.
Section 34-18-42. - Landlord liens — Distraint for rent abolished.
Section 34-18-43. - Remedy after termination.
Section 34-18-44. - Self-help recovery of possession prohibited.
Section 34-18-45. - Landlord and tenant remedies for abuse of access.
Section 34-18-46. - Retaliatory conduct prohibited.
Section 34-18-48. - Execution.
Section 34-18-49. - Payment of rent on stay of execution.
Section 34-18-50. - Payment of moving costs required.
Section 34-18-51. - Issuance of execution on nonpayment of rent.
Section 34-18-52. - Payment of rent during pendency of appeal.
Section 34-18-53. - Dismissal of appeal for nonpayment of rent during pendency of appeals.
Section 34-18-54. - Savings clause.
Section 34-18-55. - Severability.
Section 34-18-56. - Notices and complaint forms.
Section 34-18-57. - Providence and Warwick Absentee Landlord Enforcement Act.