State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-18 > 34-18-32SECTION 34-18-32
§ 34-18-32 Landlord's noncompliance asdefense to action for possession or rent. – (a) In an action for possession based upon nonpayment of rent or in an actionfor rent when the tenant is in possession, the tenant may counterclaim for anyamount he or she may recover under the rental agreement or this chapter. Inthat event, the court, from time to time, may order the tenant to pay intocourt all or part of the rent accrued and thereafter accruing, and shalldetermine the amount due to each party. The party to whom a net amount is owedshall be paid first from the money paid into court, and the balance by theother party. If no rent remains due after application of this section, judgmentshall be entered for the tenant in the action for possession. If the defense orcounterclaim by the tenant is frivolous or without any basis in fact, thelandlord may recover reasonable attorney's fees.
(b) In an action for rent when the tenant is not inpossession, he or she may counterclaim as provided in subsection (a) of thissection, but is not required to pay any rent into court.
