Title 34, Title 34 Title 34

(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any u…

(a)(1) A person has notice of a fact if: (i) He or she has actual knowledge of it; (ii) He or she has received a notice or notification of it; or (iii) From all the facts and circumstances known to him or her at the time in question he or she has reason to know that it exists. (2…

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (1) If there are fees beyond th…

(a) If the landlord does not sign and deliver a written rental agreement signed and delivered to him or her by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. (b)…

(a) Prior to an increase in rent being imposed by a landlord for a residential tenancy, excluding an independent living facility, assisted living facility, or congregate care facility, notice of the increase shall be given in writing to any tenant by a landlord at least sixty (60…

(a) A rental agreement may not provide that the tenant: (1) Agrees to waive or forego rights or remedies under this chapter; (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) Agrees to pay the landlord’s attorney’s fees inconsistent…

A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with § 34-18-22(a).

(a) A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s periodic rent. (b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as …

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this chapter are to: (1) Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and ob…

(a) A landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name, address and number of: (1) The person authorized to manage the premises; and (2) An owner…

At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 34-18-22. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provid…

(a) A landlord shall: (1) Comply with the requirements of applicable building and housing codes affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises …

(a) A landlord, when cited by a state or local minimum housing code enforcement agency for a housing code violation, shall, within thirty (30) days of receipt of the notice, deliver a copy of the notice of violation to each residential tenant of the building affected by said viol…

Whenever any landlord, either by his or her own labor or through the use of others acting on his or her behalf, undertakes physical alterations to an existing building which alterations create a residential apartment or apartments, and the landlord knew or should have known that …

A landlord who is not a resident of this state shall designate and continuously maintain an agent upon whom service may be made of any process, notice, or demand required or permitted by law to be served, including, but not limited to, notices of minimum housing code violations. …

(a)(1) A landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the co…

A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that he or she occupies and uses as clean and safe as the condition of …

(a) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if: (1) Its purpose is to promote the convenience, safety, or welfare of the tenants on the p…

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to…

Unless otherwise agreed, a tenant shall occupy his or her dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of ten (10) days no later than the first day of th…

(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 const…

(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in § 34-18-21, rent abates until possession is delivered and the tenant may: (1) Terminate the rental agreement upon at least five (5) days’ written notice to the landlord, and, upon te…

(a) Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety, and fire prevention, estoppel, fraud, misrepresentati…

(a) If the landlord fails to comply with § 34-18-22(a)(1), (2), (4), (5), or (6), and the reasonable cost of compliance is less than five hundred dollars ($500) in the aggregate per year, the tenant may cause repairs to be done in a skilled manner, in compliance with applicable s…

(a) If, contrary to the rental agreement or § 34-18-22, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential service, the tenant may give reasonable notice to the landlord specifying the breach and may: (1) Take r…

(a) In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount he or she may recover under the rental agreement or this chapter. In that event, the court, from time to time, may o…

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) Immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafte…

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or …

(a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), specifying the amount of the rent which is fifteen (15) days in arrears, making demand …

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 34-18-24 materially affecting health and safety, the landlord shall deliver a written demand notice to the tenant, in a form substantiall…

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice. (b) The landlord or the t…

(a) If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or after the termination of a periodic tenancy, the landlord may commence an eviction action, which may be filed no earlier than the first day following the…

As used in § 34-18-38.2, the following words shall, unless the context clearly requires otherwise, have the following meanings: (1) “Bona fide lease” or “bona fide tenancy” means a lease or tenancy shall not be considered bona fide unless: (i) The mortgagor, or the child, spouse,…

(a) Notwithstanding any provision of the general or public laws to the contrary, a foreclosing owner shall not evict a tenant except for just cause, or unless a binding purchase-and-sale agreement has been executed for a bona fide third party to purchase the housing accommodation…

If there is noncompliance by tenant with § 34-18-24 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within twenty (20) days …

This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. In the event of a conflict between the provisions of this chapte…

If the tenant abandons the dwelling unit, the landlord shall send a certified letter, return receipt requested, to the tenant’s last known address giving notice that unless a reply is received from the tenant within seven (7) days, the landlord shall re-rent the premises. If the …

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless the landlord gives wri…

(a) A lien or security interest on behalf of the landlord in the tenant’s household goods is not enforceable unless perfected before the effective date of this chapter, except as provided in § 34-18-50. (b) Distraint for rent is abolished.

If the rental agreement is terminated, the landlord has a claim for possession, for a sum for reasonable use and occupation subsequent to the termination, and for actual damages for breach of the rental agreement and reasonable attorney’s fees.

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant…

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. (b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise l…

(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because: (1) The tenant has complained to a governmental agency charged with responsibility for enforceme…

Appeals of actions brought under this chapter shall be pursuant to § 9-12-10.1.

If no appeal is claimed, and if the judgment has not been satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be issued to the division of sheriffs or certified constable. Every execution issued by any district court pursuant to this c…

Whenever, in any action for the recovery of real property, the issuance of an execution, or the service of an execution, is stayed by order of the court or by the operation of law, the stay shall be conditioned upon the payment by tenant to the landlord of sums of money equal to …