(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 thereafter of his or her intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or

(2)  If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenants’ liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

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Terms Used In Rhode Island General Laws 34-18-33

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(b)  If the rental agreement is terminated the landlord shall return all security recoverable under § 34-18-19 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.

(c)  This section shall not be construed to limit the right of the landlord to recover in an action in tort damages resulting from a fire or other casualty damage caused either negligently or deliberately by the tenant.

History of Section.
P.L. 1986, ch. 200, § 2.