43-32-27 Cause of action against lessor for retaliatory conduct.
Cause of action against lessor for retaliatory conduct.
A cause of action may arise
in favor of a lessee and against a lessor of residential property, including a manufactured or mobile
home community owner, for retaliation by the lessor against the lessee if the lessor increases rents
above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor
gives the lessee notice to vacate the premises when such notice is not based upon a breach of the
terms of the lease; subsequent to any of the following special events:
The lessor has received written notice from the lessee or a governmental agency that the
lessee has complained to a governmental agency charged with responsibility for
enforcement of a building or housing code violation applicable to the premises and
materially affecting health and safety, and the complaint is determined to be reported in
good faith; or
The lessee has given written notice to the lessor of a condition requiring repair pursuant
to § 43-32-9; or
The lessee has organized or become a member of a tenant's union or organization.
It shall be a defense to this cause of action that the notice to vacate the premises was given by
the lessor more than one hundred eighty days after the occurrence of a special event. The failure of
the lessor to renew any written lease prior to or upon its expiration, is not retaliation.
Source: SL 1994, ch 341, § 1.