§ 34-18-22 - Landlord to maintain premises.

SECTION 34-18-22

   § 34-18-22  Landlord to maintain premises.– (a) A landlord shall:

   (1) Comply with the requirements of applicable building andhousing codes affecting health and safety;

   (2) Make all repairs and do whatever is necessary to put andkeep the premises in a fit and habitable condition;

   (3) Keep all common areas of the premises in a clean and safecondition;

   (4) Maintain in good and safe working order and condition allelectrical, plumbing, sanitary, heating, ventilating, air conditioning, andother facilities and appliances, including elevators, supplied or required tobe supplied by him or her;

   (5) Provide and maintain appropriate receptacles andconveniences for the removal of ashes, garbage, rubbish, and other wasteincidental to the occupancy of the dwelling unit as required by §45-24.3-6, or applicable local codes if more restrictive, and arrange for theirremoval; and

   (6) Supply running water and reasonable amounts of hot waterat all times as required by § 45-24.3-7, or applicable local codes if morerestrictive, and reasonable heat as required by § 45-24.3-9, or applicablelocal codes if more restrictive, between October 1 and May 1, except where thebuilding that includes the dwelling unit is not required by law to be equippedfor that purpose, or the dwelling unit is so constructed that heat or hot wateris generated by an installation within the exclusive control of the tenant andsupplied by a direct public utility connection.

   (b) If the duty imposed by subsection (a)(1) of this sectionis greater than any duty imposed by any other paragraph of that subsection, thelandlord's duty shall be determined by reference to subsection (a)(1) of thissection.

   (c) The landlord and tenant of a dwelling unit may agree inwriting that the tenant perform specified repairs, maintenance tasks,alterations and remodeling but only if:

   (1) The agreement of the parties is entered into in goodfaith and set forth in a writing signed by the parties and supported byadequate consideration;

   (2) The work is not necessary to cure noncompliance withsubsection (a)(1) of this section; and

   (3) The agreement does not diminish or affect the obligationof the landlord to other tenants in the premises.