2023 -- S 0627

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LC002362

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Senators LaMountain, Britto, and Euer

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 34-18-35, 34-18-36 and 34-18-38 of the General Laws in Chapter

34-18 entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows:

     34-18-35. Eviction for nonpayment of rent.

     (a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord

shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a),

specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent,

and notifying the tenant that unless he or she cures the breach within five (5) days of the date of

mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an

eviction action in the appropriate district court or housing court.

     (b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within

five (5) days of the date of mailing of the notice, the landlord may commence an eviction action

against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written

demand notice. The action shall be commenced by filing a “Complaint for Eviction for

Nonpayment of Rent” in the appropriate court in the form provided in § 34-18-56(d).

     (c) The summons for eviction for nonpayment of rent shall specify the date for hearing and

be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file

and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or

appear at the hearing, he or she shall be defaulted.

     (d) If the defendant files his or her answer and commences discovery prior to the hearing,

and it appears, for good cause shown, that the defendant will not be able to conduct his or her

defense without the benefit of discovery, the court may continue the hearing to allow a reasonable

time for the completion of discovery. In the case of such a continuance, the court may, in its

discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing.

Except as provided in this chapter, the landlord may recover possession and actual damages. In

cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6)

months immediately preceding the filing of the action, and the tenant’s nonpayment was willful,

the landlord may also recover a reasonable attorney’s fee.

     (e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full

amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to

subsection (a) of this section within the six (6) months immediately preceding the filing of the

action, the tenant shall have the right to cure his or her failure to pay rent after commencement of

suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing.

     (f) Any person who is a first-time defendant in an eviction proceeding under this section

may file a motion for the expungement of all documents related to and the record of eviction five

(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any

monetary judgement entered against them has been satisfied. Any such motion shall be filed in the

court in which the eviction took place. If the person appealed to the superior court, the motion shall

be filed in the superior court in which the eviction proceedings were heard and any order of

expungement would also be effective in the district court. The court, in its discretion, shall have

the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If

the motion is granted, the court shall have all complaints, answers and any other pleading or

discovery filed with the court in the eviction proceeding sealed and all references to the eviction

shall be removed from the court’s public portal.

     34-18-36. Eviction for noncompliance with rental agreement.

     (a) Except as provided in this chapter, if there is a material noncompliance by the tenant

with the rental agreement or a noncompliance with § 34-18-24 materially affecting health and

safety, the landlord shall deliver a written demand notice to the tenant, in a form substantially

similar to that provided in § 34-18-56(b), specifying:

     (1) The acts and/or omissions constituting the breach of the rental agreement or of § 34-

18-24;

     (2) The acts, repairs, or payment of damages, which are necessary to remedy the breach;

and

     (3) That unless the breach is remedied within twenty (20) days of mailing of the notice the

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rental agreement shall terminate upon a specified date, which shall not be less than twenty-one (21)

days after the mailing of the notice.

     (b) Unless it is a violation of § 34-18-24(8), (9), or (10), if the tenant adequately remedies

the breach before the date specified in the notice, the rental agreement shall not terminate. If the

breach is not remedied, the landlord may commence an eviction action, which shall be filed no

earlier than the first day following the termination date specified in the written demand notice. The

action shall be initiated by filing a “Complaint for Eviction for Reason Other Than for Nonpayment

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

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

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

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

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

appropriate court.

     (d) Except as provided in this chapter, the landlord may recover possession, actual damages

and obtain injunctive relief for noncompliance by the tenant with the rental agreement or § 34-18-

24. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney’s fees.

     (e) If substantially the same act or omission which constituted a prior noncompliance, of

which good faith notice was given, recurs within six (6) months, the landlord may terminate the

rental agreement upon at least twenty (20) days’ written notice, specifying the breach and the date

of termination of the rental agreement. No allowance of time to remedy noncompliance shall be

required.

     (f) If the tenant has violated § 34-18-24(8), (9), or (10), or if the tenant (i) is a seasonal

tenant occupying the premises pursuant to a written lease agreement which commences no earlier

than May 1st of the occupation year and expires no later than October 15th of the occupation year,

or commences no earlier than September 1st and expires no later than June 1st of the next

subsequent year, with no right of renewal or extension beyond the above dates; and (ii) has been

charged with violating a municipal ordinance or has otherwise violated the terms of the rental

agreement pertaining to legal occupancy or excessive noise or other disturbance of the peace, the

landlord shall not be required to send a notice of noncompliance to the tenant and may immediately

file a complaint for eviction in a form substantially similar to that provided in § 34-18-56(e) and

seek the relief set forth in subsection (d).

     (g) Any person who is a first-time defendant in an eviction proceeding under this section

may file a motion for the expungement of all documents related to and the record of eviction five

(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any

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monetary judgement entered against them has been satisfied. Any such motion shall be filed in the

court in which the eviction took place. If the person appealed to the superior court, the motion shall

be filed in the superior court in which the eviction proceedings were heard and any order of

expungement would also be effective in the district court. The court, in its discretion, shall have

the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If

the motion is granted, the court shall have all complaints, answers and any other pleading or

discovery filed with the court in the eviction proceeding sealed and all references to the eviction

shall be removed from the court’s public portal.

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

tenancy.

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

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

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

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

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

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

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

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

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

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

appropriate court.

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

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

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

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

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

other cases, month-to-month.

     (d) Any person who is a first-time defendant in an eviction proceeding under this section

may file a motion for the expungement of all documents related to and the record of eviction five

(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any

monetary judgement entered against them has been satisfied. Any such motion shall be filed in the

court in which the eviction took place. If the person appealed to the superior court, the motion shall

be filed in the superior court in which the eviction proceedings were heard and any order of

expungement would also be effective in the district court. The court, in its discretion, shall have

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the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If

the motion is granted, the court shall have all complaints, answers and any other pleading or

discovery filed with the court in the eviction proceeding, sealed and all references to the eviction

shall be removed from the court’s public portal.

     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 allow a person who is a first-time defendant in an eviction proceeding to

file a motion for the expungement of all documents related to and the record of eviction five (5)

years after the date of judgment entered by the court.

     This act would take effect upon passage.

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