Legal Question in Civil Rights Law in Rhode Island

Spano v. Abdalla, 100302 RISUP, 01-2362

Section 34-18-44 of the Rhode Island General Laws strictly forbids landlords from engaging in self- help evictions. See Gen. Laws � 34-18-44.

"A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, ho t water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter." Id.

Should a landlord wrongfully evict a tenant through self- help, � 34-18-34 provides remedies for the tenant. See Gen. Laws � 34- 18- 34. Thus, "[ i] f a landlord unlawfully removes or excludes the tenant from the premises. . ., the tenant may recover possession or terminate the rental agreement." Id. Additionally, the tenant also may "recover an amount not more than three (3) months periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney's fees." Id. If the tenant elects to terminate the rental agreement, � 34-18-34 also directs the landlord to "return all security recoverable under � 34-18-19 and all prepaid rent." Id.