2024 -- H 7648

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LC004834

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representative Brian C. Newberry

     Date Introduced: February 15, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-33 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-33. Fire or casualty damage.

     (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, unless the fire or casualty is the result

of negligence or deliberate act of the tenant, 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.

     (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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would deny tenants relief afforded under this section when a unit or premises is

damaged by fire or other casualty if the fire or other casualty was caused by the negligence or

deliberate act of the tenant.

     This act would take effect upon passage.

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LC004834

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