(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in § 34-18-21, rent abates until possession is delivered and the tenant may:
(1) Terminate the rental agreement upon at least five (5) days’ written notice to the landlord, and, upon termination, the landlord shall return all prepaid rent and security; or
(2) Demand performance of the rental agreement by the landlord and, if the tenant elects, bring action for possession of the dwelling unit against the landlord.
(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 three (3) months’ periodic rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney’s fees.