[§521-65]  Tenant's remedies for fire or
casualty damage.  When the dwelling unit or any part of the premises or
appurtenances reasonably necessary to the benefit and enjoyment thereof is
rendered partially or wholly unusable by fire or other casualty which occurs
without wilful fault on the part of the tenant or a member of the tenant's
family, the tenant may:



(1)  Immediately quit the premises and notify the
landlord of the tenant's election to quit within one week after quitting, in
which case the rental agreement shall terminate as of the date of quitting, but
if the tenant fails to notify the landlord of the tenant's election to quit,
the tenant shall be liable for rent accruing to the date of the landlord's
actual knowledge of the tenant's quitting or impossibility of further
occupancy; or



(2)  If continued occupancy is otherwise lawful,
vacate any part of the premises rendered unusable by the fire or other
casualty, in which case the tenant's liability for rent shall be no more than
the fair rental value of that part of the premises which the tenant continues
to use and occupy. [L 1972, c 132, pt of §1; gen ch 1985]