§ 41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.

A.  If the dwelling unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the dwelling unit is substantially impaired, unless the impairment is caused by the deliberate or negligent act or omission of the tenant, a member of his family, his animal or pet or other person or animal on the premises with his consent, the tenant may:

1.  Immediately vacate the premises and notify the landlord in writing within one (1) week thereafter of his 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 possible, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's 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 under this section the landlord shall return all deposits recoverable under Section 15 of this act and all prepaid and unearned rent.  Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or other casualty.

Added by Laws 1978, c. 257, § 22, eff. Oct. 1, 1978.