55-248.22 - Failure to deliver possession.
§ 55-248.22. Failure to deliver possession.
If the landlord willfully fails to deliver possession of the dwelling unit tothe tenant, rent abates until possession is delivered and the tenant may (i)terminate the rental agreement upon at least five days' written notice to thelandlord and upon termination, the landlord shall return all prepaid rent andsecurity deposits; or (ii) demand performance of the rental agreement by thelandlord. If the tenant elects, he may file an action for possession of thedwelling unit against the landlord or any person wrongfully in possession andrecover the damages sustained by him. If a person's failure to deliverpossession is willful and not in good faith, an aggrieved person may recoverfrom that person the actual damages sustained by him and reasonableattorney's fees.
(1974, c. 680; 2000, c. 760.)