S2565

	2020 -- S 2565
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	LC004964
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2020
	____________
	A N A C T
	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

	Introduced By: Senators Ciccone, Lombardo, and Lombardi
	Date Introduced: February 25, 2020
	Referred To: Senate Judiciary
	It is enacted by the General Assembly as follows:
1	SECTION 1. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential
2	Landlord and Tenant Act" is hereby amended to read as follows:
3	34-18-56. Notices and complaint forms.
4	(a) A notice in substantially the following language shall suffice for the purpose of giving
5	a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant
6	to § 34-18-35:
7	FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT
8	R.I.G.L. 34-18-35
9	Date of Mailing: _____________________
10	TO: __________________________
11	(tenant)
12	_____________________________
13	_____________________________
14	You are now more than fifteen days in arrears for some or all of the rent owed under your
15	rental agreement. State law requires that you be sent this Notice of arrearage.
16	Unless you make payment of all rent in arrears within five days of the date this notice was
17	mailed to you, an eviction action may be instituted in court against you. You can prevent the
18	eviction by paying all rent owing within five days of the mailing of this notice.
19	If you believe you have a legal reason for not paying this rent, you will be able to present

1	that defense at the eviction hearing. The rent in arrears as of the above date is $_____________.
2	__________________________
3	________
4	(signature)
5	__________________________
6	________
7	__________________________
8	________
9	(name and address of land-
10	lord/owner)
11	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,
12	addressed to the tenant, on the ________ day of ________________________, 19______.
13	__________________________
14	________
15	(landlord or owner
16	signature)
17	(b) A notice in substantially the following language shall suffice for the purpose of giving
18	a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36:
19	NOTICE OF NONCOMPLIANCE
20	R.I.G.L. 34-18-36
21	Date of Mailing: ____________________
22	TO: __________________________
23	(tenant)
24	_____________________________
25	_____________________________
26	(address)
27	You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-
28	24, because you:
29
30
31
32	(provide details)
33	To remedy this situation you must do the following within twenty days of the date of
34	mailing of this Notice:
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1
2
3
4	If you do not remedy this situation within twenty days, your rental agreement will terminate
5	without further notice on __________ (date, which must be not less than twenty-one days from the
6	date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your
7	noncompliance if this is the second notice on the same subject within the past six months.) After
8	that date an eviction case may begin in court, and you may be served with a complaint. You will
9	have the right to a hearing and to present any defenses you believe you have.
10	__________________________
11	________
12	(signature)
13	__________________________
14	________
15	__________________________
16	________
17	(name and address of land-
18	lord/owner)
19	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,
20	addressed to the tenant, on the ________ day of ________________________, 1920______.
21	__________________________
22	________
23	(landlord or owner
24	signature)
25	(c) A notice in substantially the following language shall suffice for the purpose of giving
26	a tenant notice of termination of tenancy pursuant to § 34-18-37:
27	NOTICE OF TERMINATION OF TENANCY
28	R.I.G.L. 34-18-37
29	Date of Mailing: _______________________
30	TO: _________________________
31	(tenant)
32	_____________________________
33	_____________________________
34	(address)
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1	You are hereby directed to vacate and remove your property and personal possessions from
2	the premises located at __________________________________ and deliver control of the
3	premises to the
4	(address of premises)
5	landlord/owner on the first day after the end of your current rental period, namely
6	____________________.
7	(insert
8	date)
9	This notice is given for the purpose of terminating your tenancy. You must continue to pay
10	rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment
11	eviction action may be instituted against you.
12	If you fail to vacate the premises by the date specified, an eviction may be instituted against
13	you without further notice. If you believe you have a defense to this termination, you will be able
14	to raise that defense at the court hearing.
15	__________________________
16	________
17	(signature)
18	__________________________
19	________
20	__________________________
21	________
22	(name and address of land-
23	lord/owner)
24	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,
25	addressed to the tenant, on the ________ day of ________________________, 1920______.
26	__________________________
27	________
28	(landlord or owner
29	signature)
30	(d) A complaint in substantially the following language shall suffice for the purpose of
31	commencing an eviction action for nonpayment of rent pursuant to § 34-18-35:
32	State of Rhode Island and Providence Plantations
33	_______________________, Sc. DISTRICT
34	COURT
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1	____________________________ _____________
2	DIVISION
3	PLAINTIFF DEFENDANT
4	____________________________
5	__________________________
6	________
7	(Landlord's Name) (Tenant's Name)
8	V
9	__________________________________
10	__________________________
11	________
12	__________________________________
13	__________________________
14	________
15	__________________________________
16	__________________________
17	________
18	(address) (address of rental premises)
19	COMPLAINT FOR EVICTION
20	FOR NONPAYMENT OF RENT
21	R.I.G.L. 34-18-35
22	1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant
23	Tenant currently resides.
24	2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from
25	the defendant. The rent is $__________ per __________, and the amount in arrears is $________
26	as of the __________ day of __________, 1920____.
27	(month)
28	3. Plaintiff has served the five-day demand notice as required by law, and a copy of that
29	notice is attached to this complaint. The notice was mailed to the defendant on the __________ day
30	of ________, 1920____.
31	4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either
32	before or after the demand notice. Defendant remains in possession of the rental premises.
33	WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the
34	premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs.
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1	__________________________
2	________
3	(Name & address of
4	landlord/owner
5	or attorney for landlord)
6	__________________________
7	________
8	Date complaint filed with clerk __________________
9	(e) A complaint in substantially the following language shall suffice for the purpose of
10	commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-
11	36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy
12	pursuant to § 34-18-38:
13	STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
14	_______________________, Sc. DISTRICT
15	COURT
16	____________________________ _____________
17	DIVISION
18	PLAINTIFF DEFENDANT
19	____________________________
20	__________________________
21	________
22	(Landlord's Name) (Tenant's Name)
23	V
24	__________________________________
25	__________________________
26	________
27	__________________________________
28	__________________________
29	________
30	(address) (address of rental
31	premises)
32	COMPLAINT FOR EVICTION
33	FOR REASON OTHER THAN
34	NONPAYMENT OF RENT
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1	R.I.G.L. 34-18-36
2	R.I.G.L. 34-18-38
3	1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant
4	Tenant(s) resides.
5	2. CHECK ONE:
6	____ Defendant breached the tenant's obligations under the rented agreement or § 34-18-
7	24 as set forth in the attached copy of the notice of noncompliance which was mailed to the
8	defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required
9	notice of noncompliance.)
10	____ Defendant has remained in possession of the rented premises following the period set
11	forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff
12	must attach copy of required termination notice.)
13	____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10).
14	3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of
15
16	for
17
18
19
20	(explain basis for money claim)
21	Plaintiff seeks costs and fees (if applicable).
22	__________________________
23	________
24	(Signature of Landlord/Owner or
25	Attorney)
26	__________________________
27	________
28	Date complaint filed with clerk __________
29	(f) A complaint in substantially the following language, or in similar language, shall be
30	sufficient for use by landlords or by tenants to bring any claims or causes of action other than
31	eviction actions:
32	NOT FOR EVICTION
33	State of Rhode Island and Providence Plantations
34	_______________________, Sc. DISTRICT
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1	COURT
2	____________________________ _____________
3	DIVISION
4	PLAINTIFF DEFENDANT
5	____________________________
6	__________________________
7	________
8	(Name) (Name)
9	V
10	__________________________________
11	__________________________
12	________
13	__________________________________
14	__________________________
15	________
16	__________________________________
17	__________________________
18	________
19	(address) (address of rental
20	premises)
21	LANDLORD-TENANT COMPLAINT
22	(NOT FOR USE IN EVICTIONS)
23	1.Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises
24	at.
25	(address of rental premises)
26	2. Defendant is the ____ Tenant ____ Landlord/Owner.
27	3. Plaintiff claims that defendant has breached the obligations of the rental agreement or
28	law in relation to this landlord-tenant relationship, as follows:
29
30
31
32	(brief description of claim, attach extra sheet, if necessary)
33	4. Plaintiff seeks the following judgment or relief from the Court:
34
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1
2
3	Date Complaint Filed
4	__________________________
5	________
6	With Clerk: __________ (Signature of plaintiff or
7	plaintiff's
8	attorney)
9	__________________________
10	________
11	(address)
12	(g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35
13	shall be in substantially the following form:
14	STATE OF RHODE ISLAND
15	DISTRICT COURT
16	SU
17	MMONS
18	EVICTION-NONPAYMENT OF RENT
19	DIVISION COUNTY CIVIL ACTION-FILE NO.
20	Address of Court:
21	__________________________________
22	__________________________
23	________
24	__________________________________
25	__________________________
26	________
27	__________________________________
28	__________________________
29	________
30	(name & address of plaintiff landlord) (name & address of
31	defendant-tenant)
32	TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If
33	you do nothing, you will lose by default and be evicted. If you claim any defense, you must
34	complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You
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1	should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M.
2	on the hearing date, at the court address listed above. You should go to the hearing or you may lose
3	by default. If you think the case is "settled," you should still go to the hearing to make sure the
4	settlement is in the court record.
5	YOUR HEARING DATE IS: ________________________________.
6	(Proof of Service on next page)
7	________________________________________
8	PROOF OF SERVICE
9	I hereby certify that I served a copy of the Complaint and Summons & Answer upon the
10	defendant(s) by delivering or leaving said papers in the following manner:
11	______ to the defendant personally; or
12	______ at his or her dwelling unit or usual place of abode
13	at the
14	address listed below with a person of suitable age
15	then
16	residing therein; or
17	______ if none be found, by posting conspicuously on the
18	door
19	to the defendant's dwelling unit.
20	ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:
21
22	NAME OF PERSON OF SUITABLE AGE:
23	SERVICE DATE:
24	DEPUTY SHERIFF/CONSTABLE:
25
26	CERTIFICATE OF SERVICE
27	I hereby certify that a copy of this Complaint and Summons was placed into regular U.S.
28	Mail, postage prepaid, on the __________________ day of ________________, 1920____,
29	addressed to defendant at the following address:
30	________________________________________________.
31	__________________________
32	________
33	(Signature of ____________
34	Clerk)
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1	(h) The summons in an action for eviction for noncompliance with the rental agreement
2	pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy
3	pursuant to § 34-18-38, shall be in substantially the following form:
4	State of Rhode Island
5	District Court
6	Summons
7	EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT
8	DIVISION COUNTY CIVIL ACTION-FILE NO.
9	Address of Court:
10	__________________________________
11	__________________________
12	________
13	V
14	__________________________________
15	__________________________
16	________
17	__________________________________
18	__________________________
19	________
20	(name & address of plaintiff landlord) (name & address of defendant-
21	tenant)
22	TO THE TENANT: You are served with an eviction complaint for noncompliance with
23	rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration
24	of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you
25	claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk
26	within TWENTY (20) days after you are served with this summons and complaint. You should also
27	mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed
28	ANSWER, then you will receive another written notice telling you when the hearing will be. If you
29	have any questions, you may consult a lawyer. If you think the case is "settled" you should still file
30	the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office.
31	(Proof of Service on next page)
32	________________________________________
33	PROOF OF SERVICE
34	I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon
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1	the defendant(s) by delivering or leaving said papers in the following manner:
2	____ to the defendant personally
3	____ at his/her dwelling unit or usual place of abode at the address listed below, with a
4	person of suitable age then residing therein
5	____ to an agent named below authorized by appointment or by law to receive service of
6	process
7	____ further notice as required by law was given as noted below
8	Address of dwelling or usual place of abode:
9
10	Name of person of suitable age or of agent:
11
12	… If none be found, by posting conspicuously on the door to the defendant’s dwelling unit or usual
13	place of abode.
14	Service Date: ____________________
15	Deputy Sheriff/Constable (circle one):
16	_________________________________
17	_
18	(signature)
19	CERTIFICATE OF SERVICE
20	I hereby certify that, on the …. day of …., 20…., I mailed a copy of this Summons, and
21	Complaint for Eviction for Reason Other than Nonpayment of Rent, blank Answer forms, and
22	Language Assistance Notice addressed to the Defendant/Tenant, at the address listed above.
23	Affiant__________________________
24	(i) The summons in an action relating to any claims by tenants, or by landlords other than
25	for eviction, shall be in substantially the following form:
26	State of Rhode Island
27	District Court
28	Summons
29	____________ ____________
30	_____________________________
31	DIVISION COUNTY CIVIL ACTION-
32	FILE NO.
33	_____________________________
34	_____________________
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1	________
2	PLAINTIFF PLAINTIFF'S
3	ATTORNEY
4	__________________________
5	________
6	ADDRESS
7	_________________ vs
8	DEFENDANT
9	__________________________
10	________
11	DEFENDANT'S ADDRESS
12	______________________________
13	__________________________
14	________
15	TO THE ABOVE-NAMED DEFENDANT:
16	You are hereby summoned and required to serve upon the plaintiff's attorney, whose name
17	and address appears above, an answer to the complaint which is herewith served upon you. Your
18	answer must be made within 20 days after service of this summons, excluding the date of service.
19	The original must be filed in writing with this court. If you fail to do so, judgment by default will
20	be taken against you for the relief demanded in the complaint.
21	______________________________
22	__________________________
23	________
24	DATE CLERK
25	______________________________
26	__________________________
27	________
28	SEAL OF THE DISTRICT COURT DATE
29	RECEIVED
30
31	PROOF OF SERVICE
32	I hereby certify that on the date below I served a copy of this summons and a copy of the
33	complaint received herewith upon the above-named defendant by delivering or leaving said papers
34	in the following manner:
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1	□ to the defendant personally.
2	□ at his dwelling house or usual place of abode at the address entered
3	below, with a person of suitable age and discretion then residing therewith.
4	□ to an agent named below authorized by appointment or by law to receive
5	service of process.
6	□ Further notice as required by statute was given as noted on the reverse
7	side.
8
9	Address of Dwelling or Usual Place of Abode
10
11	Name of Authorized Agent or Person of Suitable Age
12	______________________________
13	__________________________
14	________
15	Date Deputy Sheriff/Constable
16	______________________________
17	__________________________
18	________
19	SERVICE FEE $________
20	(j) The blank answer served in eviction actions shall be in substantially the following form:
21	State of Rhode Island and Providence Plantations
22	_______________________, Sc. DISTRICT
23	COURT
24	____________________________ _____________
25	DIVISION
26	PLAINTIFF DEFENDANT
27	____________________________
28	__________________________
29	________
30	(Landlord's Name) (Tenant's Name)
31	V
32	__________________________________
33	__________________________
34	________
	LC004964 - Page 14 of 17
1	__________________________________
2	__________________________
3	________
4	(address) (address of rental
5	premises)
6	INSTRUCTIONS TO THE DEFENDANT
7	Listed below are several possible defenses to the eviction action your landlord has filed
8	against you. If one or more of these defenses apply to your case, check the appropriate box(es). If
9	space is provided, write in facts in support of that defense. Use additional paper if necessary. Some
10	of these defenses are technical, and there may be others not listed here. You may consult a lawyer
11	and seek representation before filling out this Answer.
12	TENANT'S ANSWER
13	The complaint against me is untrue or fails to state the following facts:
14	I offered rent, but my landlord refused it. I am still able and willing to pay the rent.
15	I have a defense for nonpayment because the landlord has failed to maintain the premises
16	in a fit and habitable condition.
17	My rent has not been paid, but I have a legally justifiable defense for not paying:
18	I have a written lease which does not expire until:
19	I have not received the required notice from the landlord before this complaint was served
20	on me.
21	The landlord is trying to evict me because I have exercised my legal rights by calling code
22	enforcement officials, or by taking the following protected action:
23	I have other defenses as follow:
24	WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a
25	judgment in my favor and not order me to be evicted.
26	COUNTERCLAIM
27	Instructions: If you believe you are entitled to be awarded damages or money for any reason
28	from your landlord, you may fill out the statement below:
29	I hereby sue my landlord for the amount of $_____________.
30	I believe I am entitled to receive an award of this amount because
31
32	__________________________________
33	__________________________
34	________
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1	Name of Defendant (or attorney) Signature of Defendant
2	___________________________________
3	Address
4	___________________________________
5	Telephone number
6	___________________________________
7	SECTION 2. This act shall take effect on January 1, 2021.
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
	***
1	This act would modify the summons for eviction for reasons other than nonpayment of rent
2	with the district court, to add a certificate of service section, and provide the options to post the
3	summons and complaint conspicuously on the door of the defendant/tenant's dwelling.
4	This act would take effect on January 1, 2021.
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	LC004964
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