In any written or oral lease or agreement for rental of a dwelling intended for human habitation, the landlord shall be deemed to covenant and warrant that the dwelling is fit for human habitation. If the dwelling is not fit for human habitation, the tenant, in addition to any remedies which he otherwise has, is entitled to the following remedies that shall be exercised within thirty (30) days of occupancy:an action or proceeding for breach of contract or warranty which may include a prayer for rescission of the contract; rescission of the contract including the return of all deposits and money towards rent paid during the period of the breach of the warranty of habitability and within the thirty (30) days of occupancy period. Provided, however, that no action or proceeding for breach of the warranty of habitability shall be instituted by any tenant unless the landlord has notice of the conditions on the premises which constitute the breach of the warranty of habitability. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “dwelling” shall mean a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “notice” shall meana violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, a letter sent by the tenant or his agent to the landlord by certified mail, or actual notice of the defects or conditions. For the purpose of <cite data-path="9|§9-14.1">this section</cite> “fit for human habitation” shall mean the premises shall not have any conditions which endanger the life, health and safety of the tenants, including, but not limited to vermin or rodent infestation, lack of sanitation, lack of heat, lack of running water, or lack of electricity. Where the tenant or a member of his family or his invitee, or his agent has in bad faith refused entry to the landlord or his agent for the purpose of correcting the condition or conditions, the court shall impose upon the tenant the reasonable cost of defense by the landlord including counsel’s fees and court costs, or where the tenant or a member of his family or his invitee or his agent has caused condition or conditions which are alleged to exist, the cost of the repair of such conditions shall be imposed upon the tenant. The provisions of <cite data-path="9|§9-14.1">this section</cite> shall not be waived by any written or oral lease or agreement for rental of a dwelling intended for human habitation. 1971, ch. 481 1986, ch. 557