§ 34-18-31 Wrongful failure to supplyheat, water, hot water, or essential services. – (a) If, contrary to the rental agreement or § 34-18-22, the landlordwillfully or negligently fails to supply heat, running water, hot water,electric, gas, or other essential service, the tenant may give reasonablenotice to the landlord specifying the breach and may:
(1) Take reasonable and appropriate measures to securereasonable amounts of heat, running water, hot water, electric, gas, and otheressential service during the period of the landlord's noncompliance and deducttheir actual and reasonable costs from the periodic rent; or
(2) Recover damages based upon the diminution in the fairrental value of the dwelling unit; or
(3) Procure reasonable substitute housing during the periodof the landlord's noncompliance, in which case the tenant is excused frompaying rent for the period of the landlord's noncompliance.
(b) In addition to the remedy provided in subsection (a)(3)of this section, the tenant may recover the actual and reasonable cost or fairand reasonable value of the substitute housing not in excess of an amount equalto the periodic rent, and in any case under subsection (a) of this section, mayrecover reasonable attorney's fees.
(c) If the tenant proceeds under this section, he or she maynot proceed under § 34-18-28 or § 34-18-30 as to that breach.
(d) Rights of the tenant under this section do not ariseuntil he or she has given notice to the landlord, nor does this section applyif the condition was caused by the deliberate or negligent act or omission ofthe tenant, a member of his or her family, or other person on the premises withhis or her consent.
§ 34-18-31 Wrongful failure to supplyheat, water, hot water, or essential services. – (a) If, contrary to the rental agreement or § 34-18-22, the landlordwillfully or negligently fails to supply heat, running water, hot water,electric, gas, or other essential service, the tenant may give reasonablenotice to the landlord specifying the breach and may:
(1) Take reasonable and appropriate measures to securereasonable amounts of heat, running water, hot water, electric, gas, and otheressential service during the period of the landlord's noncompliance and deducttheir actual and reasonable costs from the periodic rent; or
(2) Recover damages based upon the diminution in the fairrental value of the dwelling unit; or
(3) Procure reasonable substitute housing during the periodof the landlord's noncompliance, in which case the tenant is excused frompaying rent for the period of the landlord's noncompliance.
(b) In addition to the remedy provided in subsection (a)(3)of this section, the tenant may recover the actual and reasonable cost or fairand reasonable value of the substitute housing not in excess of an amount equalto the periodic rent, and in any case under subsection (a) of this section, mayrecover reasonable attorney's fees.
(c) If the tenant proceeds under this section, he or she maynot proceed under § 34-18-28 or § 34-18-30 as to that breach.
(d) Rights of the tenant under this section do not ariseuntil he or she has given notice to the landlord, nor does this section applyif the condition was caused by the deliberate or negligent act or omission ofthe tenant, a member of his or her family, or other person on the premises withhis or her consent.
§ 34-18-31 Wrongful failure to supplyheat, water, hot water, or essential services. – (a) If, contrary to the rental agreement or § 34-18-22, the landlordwillfully or negligently fails to supply heat, running water, hot water,electric, gas, or other essential service, the tenant may give reasonablenotice to the landlord specifying the breach and may:
(1) Take reasonable and appropriate measures to securereasonable amounts of heat, running water, hot water, electric, gas, and otheressential service during the period of the landlord's noncompliance and deducttheir actual and reasonable costs from the periodic rent; or
(2) Recover damages based upon the diminution in the fairrental value of the dwelling unit; or
(3) Procure reasonable substitute housing during the periodof the landlord's noncompliance, in which case the tenant is excused frompaying rent for the period of the landlord's noncompliance.
(b) In addition to the remedy provided in subsection (a)(3)of this section, the tenant may recover the actual and reasonable cost or fairand reasonable value of the substitute housing not in excess of an amount equalto the periodic rent, and in any case under subsection (a) of this section, mayrecover reasonable attorney's fees.
(c) If the tenant proceeds under this section, he or she maynot proceed under § 34-18-28 or § 34-18-30 as to that breach.
(d) Rights of the tenant under this section do not ariseuntil he or she has given notice to the landlord, nor does this section applyif the condition was caused by the deliberate or negligent act or omission ofthe tenant, a member of his or her family, or other person on the premises withhis or her consent.
