§41-120. Failure of landlord to deliver possession of dwelling unit
to tenant.
A. If the landlord fails to deliver possession of the dwelling
unit to the tenant, rent abates until possession is delivered and
the tenant may terminate the rental agreement by giving a written
notice of such termination to the landlord, whereupon the landlord
shall return all prepaid rent and deposit, or the tenant may, at his
option, demand performance of the rental agreement by the landlord
and maintain an action for possession of the dwelling unit against
any person wrongfully in possession and recover the actual damages
sustained by him.
B. If a person's failure to deliver possession is willful and
not in good faith, an aggrieved person may recover from that person
an amount not more than twice the monthly rental as specified in the
rental agreement, computed and prorated on a daily basis, for each
month, or portion thereof, that said person wrongfully remains in
possession.
Added by Laws 1978, c. 257, § 20, eff. Oct. 1, 1978.