2019 -- S 0784

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Senators Bell, Euer, Murray, Nesselbush, and Quezada

     Date Introduced: April 04, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-38 of the General Laws in Chapter 34-18 entitled

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"Residential Landlord and Tenant Act" is hereby amended to read as follows:

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     34-18-38. Eviction for unlawfully holding over after termination or expiration of

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tenancy.

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     (a) If the tenant remains in possession without the landlord's consent after expiration of

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the term of the rental agreement or after the termination of a periodic tenancy, the landlord may

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commence an eviction action, which may be filed no earlier than the first day following the

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expiration or termination of the tenancy. The action shall be commenced by filing a "Complaint

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for Eviction for Reason Other Than for Nonpayment of Rent," which shall be filed in the

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appropriate court according to the form provided in § 34-18-56(e).

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     (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the

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tenant has twenty (20) days from the date of service in which to file his or her answer to the

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complaint, and that if he or she fails to file his or her answer within that time, he or she will be

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defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of

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the appropriate court.

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     (c) If the tenant's holdover is willful and not in good faith, the landlord may also recover,

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in addition to possession, an amount not more than three (3) months' periodic rent or threefold the

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actual damages sustained by him or her, whichever is greater, and reasonable attorney's fees. If

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the landlord consents to the tenant's occupancy, the parties may agree to a definite term. If no

 

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term is specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and

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in all other cases, month-to-month.

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     (d) If a tenant dies during the term of the rental agreement, the deceased's live-in

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caregiver or any other person of at least eighteen (18) years of age residing in the dwelling unit

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shall be permitted to continue the rental agreement for a period of time known as the post-death

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rental grace period. Any such person residing in the dwelling unit who chooses to continue the

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rental agreement shall be known as the grace period temporary tenant. The grace period

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temporary tenant shall pay the rent agreed to in the rental agreement and assume all other

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obligations of the tenant. The length of the post-death rental grace period shall be selected by the

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grace period temporary tenant and shall not exceed three (3) months, unless the landlord consents

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to a longer period of time. The post-death rental grace period shall not extend beyond the end of

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the term of the rental agreement. Rent due for part of a month shall be prorated. Nothing in this

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section shall be construed to obligate the deceased's live-in caregiver or any other person residing

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in the dwelling unit to continue the rental agreement if they do not choose to do so. Nor shall any

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part of this section be construed to restrict the ability of the landlord and dwelling unit resident(s)

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to enter into a new mutually agreeable rental agreement.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would permit those other residents of a residential dwelling unit to extend the

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term of the rental agreement for a period not to exceed three (3) months after the death of the

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lessee.

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     This act would take effect upon passage.

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