(a) A rental agreement may not provide that the tenant:
(1) Agrees to waive or forego rights or remedies under this chapter;
(2) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) Agrees to pay the landlord’s attorney’s fees inconsistent with this chapter; or
(4) Agrees to the exculpation or limitation of any liability of the landlord arising under
law or to indemnify the landlord for that liability or the costs connected with the
liability.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable.
If a landlord deliberately uses a rental agreement containing provisions known to
be prohibited, the tenant may recover, in addition to his or her actual damages, an
amount up to three (3) months periodic rent and reasonable attorney’s fees.
Notes of Decisions
Cited in
7
cases, 1974–1985 · leading case:
Russell v. Kalian, 414 A.2d 462 (R.I. 1980).
Russell v. Kalian, 414 A.2d 462 (R.I. 1980).
“Whatever transpired thereafter was totally immaterial to his award of punitive damages. Finally, an effort is made to argue the constitutionality of the statutory prohibition against the landlord’s use of self-help, to wit, G.”
Joyce v. Berberian (In Re Berberian), 12 B.R. 465 (Bankr. D.R.I. 1981).
· cites it 5× “Rather, the Defendant consciously attempted to technically avoid the operation of § 34-18-17 by transferring title to the property from the Goldsmiths to their son.”
Coolbeth v. Berberian, 313 A.2d 656 (R.I. 1974).
“1956 (1969 Reenactment) §34-18-17, which reads as follows: “The right of a landlord or a reversioner to utilize ‘self help,’ so called, whether pursuant to the common law or pursuant to any agreement in writing or by parol, to reenter and repossess himself of land, buildings or…”
Coolbeth v. Berberian, 354 A.2d 120 (R.I. 1976).
“1956 (1969 Reenactment) §34-18-17, which reads as follows: “The right of a landlord or a reversioner to utilize ‘self help,’ so called, whether pursuant to the common law or pursuant to any agreement in writing or by parol, to re-enter and repossess himself of land, buildings or…”
Tamborelli v. Amazine, 326 A.2d 857 (R.I. 1974).
“1956 (1969 Reenactment) §34-18-17. The Superior Court granted a preliminary injunction whereupon the defendants, Ray E.”
Latina v. Burdick, 320 A.2d 601 (R.I. 1974).
· cites it 2× “However, in 1970 the General Assembly repealed §34-18-8 3 and added §34-18-17, 4 which specifically prohibits a landlord from resorting to self-help.”
MacLure v. Mascaro (In Re MacLure), 50 B.R. 134 (Bankr. D.R.I. 1985).
“LAWS § 34-18-17 and § 34-18-9 to provide landlords with an “orderly and expeditious,” but judicially controlled method for regaining possession of property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.