Title 44, Chapter 7, Section 20
( 44-7-20)
When the owner of real property, either directly or through an
agent, seeks to lease or rent that property for residential
occupancy, prior to entering a written agreement for the leasehold
of that property, the owner shall, either directly or through an
agent, notify the prospective tenant in writing of the property's
propensity of flooding if flooding has damaged any portion of the
living space covered by the lease or attachments thereto to which
the tenant or the tenant's resident relative has sole and exclusive
use under the written agreement at least three times during the
five-year period immediately preceding the date of the lease. An
owner failing to give such notice shall be liable in tort to the
tenant and the tenant's family residing on the leased premises for
damages to the personal property of the lessee or a resident
relative of the lessee which is proximately caused by flooding which
occurs during the term of the lease. For purposes of this Code
section, flooding is defined as the inundation of a portion of the
living space covered by the lease which was caused by an increased
water level in an established water source such as a river, stream,
or drainage ditch or as a ponding of water at or near the point
where heavy or excessive rain fell. This Code section shall apply
only to leaseholds entered into on or after July 1, 1995. |