2023 -- S 0642

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LC002062

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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 Ciccone, DiPalma, Lombardo, Burke, and Tikoian

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential

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

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     34-18-56. Notices and complaint forms.

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     (a) A notice in substantially the following language shall suffice for the purpose of giving

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a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant

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to § 34-18-35:

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FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT

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R.I.G.L. 34-18-35

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Date of Mailing: _____________________

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     TO: __________________________

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(tenant)

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     _____________________________

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     _____________________________

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     You are now more than fifteen days in arrears for some or all of the rent owed under your

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rental agreement. State law requires that you be sent this Notice of arrearage.

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     Unless you make payment of all rent in arrears within five days of the date this notice was

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mailed to you, an eviction action may be instituted in court against you. You can prevent the

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eviction by paying all rent owing within five days of the mailing of this notice.

 

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     If you believe you have a legal reason for not paying this rent, you will be able to present

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that defense at the eviction hearing. The rent in arrears as of the above date is $_____________.

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__________________________

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(signature)

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__________________________

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__________________________

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(name and address of land-

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lord/owner)

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     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

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addressed to the tenant, on the ________ day of ________________________, 20______.

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__________________________

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(landlord or owner

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signature)

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     (b) A notice in substantially the following language shall suffice for the purpose of giving

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a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36:

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NOTICE OF NONCOMPLIANCE

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R.I.G.L. 34-18-36

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Date of Mailing: ____________________

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     TO: __________________________

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(tenant)

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     _____________________________

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     _____________________________

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(address)

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     You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-

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24, because you:

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(provide details)

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     To remedy this situation you must do the following within twenty days of the date of

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mailing of this Notice:

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     If you do not remedy this situation within twenty days, your rental agreement will terminate

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without further notice on __________ (date, which must be not less than twenty-one days from the

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date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your

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noncompliance if this is the second notice on the same subject within the past six months.) After

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that date an eviction case may begin in court, and you may be served with a complaint. You will

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have the right to a hearing and to present any defenses you believe you have.

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__________________________________

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(signature)

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__________________________________

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__________________________________

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(name and address of land-lord/owner)

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     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

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addressed to the tenant, on the ________ day of ________________________, 20______.

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__________________________________

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(landlord or owner signature)

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     (c) A notice in substantially the following language shall suffice for the purpose of giving

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a tenant notice of termination of tenancy pursuant to § 34-18-37:

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NOTICE OF TERMINATION OF TENANCY

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R.I.G.L. 34-18-37

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Date of Mailing: _______________________

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     TO: _________________________

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(tenant)

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     _____________________________

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     _____________________________

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(address)

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     You are hereby directed to vacate and remove your property and personal possessions from

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the premises located at __________________________________ and deliver control of the

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premises to the

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(address of premises)

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landlord/owner on the first day after the end of your current rental period, namely

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____________________.

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(insert date)

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     This notice is given for the purpose of terminating your tenancy. You must continue to pay

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rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment

 

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eviction action may be instituted against you.

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     If you fail to vacate the premises by the date specified, an eviction may be instituted against

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you without further notice. If you believe you have a defense to this termination, you will be able

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to raise that defense at the court hearing.

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__________________________________

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(signature)

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__________________________________

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__________________________________

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(name and address of land-lord/owner)

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     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

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addressed to the tenant, on the ________ day of ________________________, 20______.

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__________________________________

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(landlord or owner signature)

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     (d) A complaint in substantially the following language shall suffice for the purpose of

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commencing an eviction action for nonpayment of rent pursuant to § 34-18-35:

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State of Rhode Island

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     _______________________, Sc. DISTRICT

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COURT

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     ____________________________ _____________

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DIVISION

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PLAINTIFF DEFENDANT

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     ____________________________

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__________________________

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________

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(Landlord's Name) (Tenant's Name)

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V

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_________________________________ __________________________

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__________________________________ __________________________

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__________________________________ __________________________

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(address) (address of rental premises)

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COMPLAINT FOR EVICTION

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FOR NONPAYMENT OF RENT

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R.I.G.L. 34-18-35

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     1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant

 

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Tenant currently resides.

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     2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from

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the defendant. The rent is $__________ per __________, and the amount in arrears is $________

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as of the __________ day of __________, 20____.

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(month)

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     3. Plaintiff has served the five-day demand notice as required by law, and a copy of that

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notice is attached to this complaint. The notice was mailed to the defendant on the __________ day

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of ________, 20____.

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     4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either

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before or after the demand notice. Defendant remains in possession of the rental premises.

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     WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the

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premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs.

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__________________________________

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(Name & address of landlord/owner or attorney for landlord)

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__________________________________

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Date complaint filed with clerk __________________

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     (e) A complaint in substantially the following language shall suffice for the purpose of

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commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-

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36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy

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pursuant to § 34-18-38:

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STATE OF RHODE ISLAND

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     _______________________, Sc. DISTRICT

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COURT

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     ____________________________ _____________

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DIVISION

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PLAINTIFF DEFENDANT

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____________________________ __________________________________

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(Landlord's Name) (Tenant's Name)

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V

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     __________________________________ __________________________________

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     __________________________________ __________________________________

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(address) (address of rental

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premises)

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COMPLAINT FOR EVICTION

 

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FOR REASON OTHER THAN

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NONPAYMENT OF RENT

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R.I.G.L. 34-18-36

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R.I.G.L. 34-18-38

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     1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant

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Tenant(s) resides.

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     2. CHECK ONE:

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     ____ Defendant breached the tenant's obligations under the rental agreement or § 34-18-

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24 as set forth in the attached copy of the notice of noncompliance which was mailed to the

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defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required

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notice of noncompliance.)

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     ____ Defendant has remained in possession of the rented premises following the period set

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forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff

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must attach copy of required termination notice.)

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     ____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10).

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     3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of

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     for

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(explain basis for money claim)

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Plaintiff seeks costs and fees (if applicable).

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__________________________________

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(Signature of Landlord/Owner or Attorney)

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__________________________________

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Date complaint filed with clerk __________

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     (f) A complaint in substantially the following language, or in similar language, shall be

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sufficient for use by landlords or by tenants to bring any claims or causes of action other than

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eviction actions:

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NOT FOR EVICTION

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State of Rhode Island

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     _______________________, Sc. DISTRICT

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COURT

 

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     ____________________________ _____________

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DIVISION

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PLAINTIFF DEFENDANT

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____________________________ __________________________________

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(Name) (Name)

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V

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__________________________________ __________________________

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__________________________________ __________________________

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__________________________________ __________________________

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(address) (address of rental

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premises)

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LANDLORD-TENANT COMPLAINT

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(NOT FOR USE IN EVICTIONS)

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     1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises

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at.

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(address of rental premises)

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     2. Defendant is the ____ Tenant ____ Landlord/Owner.

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     3. Plaintiff claims that defendant has breached the obligations of the rental agreement or

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law in relation to this landlord-tenant relationship, as follows:

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     (brief description of claim, attach extra sheet, if necessary)

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     4. Plaintiff seeks the following judgment or relief from the Court:

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     Date Complaint Filed__________________________________

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     With Clerk: __________

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(Signature of plaintiff or plaintiff's attorney)

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__________________________________

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(address)

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     (g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35

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shall be in substantially the following form:

 

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STATE OF RHODE ISLAND

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     DISTRICT COURT

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SU

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MMONS

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EVICTION-NONPAYMENT OF RENT

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DIVISION COUNTY CIVIL ACTION-FILE NO.

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Address of Court:

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     __________________________________ __________________________________

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     __________________________________ __________________________________

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     __________________________________ __________________________________

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     (name & address of plaintiff landlord) (name & address of defendant-tenant)

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     TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If

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you do nothing, you will lose by default and be evicted. If you claim any defense, you must

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complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You

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should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 9:00

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A.M. on the hearing date, at the court address listed above. You should go to the hearing or you

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may lose by default. If you think the case is "settled," you should still go to the hearing to make

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sure the settlement is in the court record.

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     YOUR HEARING DATE IS: ________________________________.

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(Proof of Service on next page)

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________________________________________

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PROOF OF SERVICE

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     I hereby certify that I served a copy of the Complaint and Summons & Answer upon the

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defendant(s) by delivering or leaving said papers in the following manner:

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______ to the defendant personally; or

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______ at his or her dwelling unit or usual place of abode

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at the

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address listed below with a person of suitable age

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then

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residing therein; or

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______ if none be found, by posting conspicuously on the

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door

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to the defendant's dwelling unit.

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     ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:

 

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     NAME OF PERSON OF SUITABLE AGE:

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SERVICE DATE:

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     DEPUTY SHERIFF/CONSTABLE:

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CERTIFICATE OF SERVICE

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     I hereby certify that a copy of this Complaint and Summons was placed into regular U.S.

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Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed

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to defendant at the following address:

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________________________________________________.

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__________________________________

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(Signature of ____________ Clerk)

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     (h) The summons in an action for eviction for noncompliance with the rental agreement

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pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy

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pursuant to § 34-18-38, shall be in substantially the following form:

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State of Rhode Island

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District Court

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Summons

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EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT

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     DIVISION COUNTY CIVIL ACTION-

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FILE NO.

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Address of Court:

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     __________________________________ __________________________

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      V

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     __________________________________ __________________________

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     __________________________________ __________________________

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     (name & address of plaintiff landlord) (name & address of defendant-tenant)

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     TO THE TENANT: You are served with an eviction complaint for noncompliance with

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rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration

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of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you

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claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk

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within TWENTY (20) days after you are served with this summons and complaint. You should also

 

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mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed

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ANSWER, then you will receive another written notice telling you when the hearing will be. If you

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have any questions, you may consult a lawyer. If you think the case is "settled" you should still file

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the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office.

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(Proof of Service on next page)

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________________________________________

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PROOF OF SERVICE

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     I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon

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the defendant(s) by delivering or leaving said papers in the following manner:

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     ____ to the defendant personally

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     ____ at his/her dwelling unit or usual place of abode at the address listed below, with a

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person of suitable age then residing therein

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     ____ to an agent named below authorized by appointment or by law to receive service of

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process

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     ____ further notice as required by law was given as noted below

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     Address of dwelling or usual place of abode:

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     Name of person of suitable age or of agent:

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     If none be found, by posting conspicuously on the door to the defendant's dwelling unit or

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usual place of abode.

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     Service Date: ____________________

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     Deputy Sheriff/Constable (circle one):

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__________________________

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________

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(signature)

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CERTIFICATE OF SERVICE

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     I hereby certify that, on the …. day of …., 20…., I mailed a copy of this Summons, and

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Complaint for Eviction for Reason Other than Nonpayment of Rent, blank Answer forms, and

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Language Assistance Notice addressed to the Defendant/Tenant, at the address listed above.

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Affiant__________________________

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     (i) The summons in an action relating to any claims by tenants, or by landlords other than

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for eviction, shall be in substantially the following form:

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     State of Rhode Island

 

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     District Court Summons____________

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     ____________ _______________ ______________

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     DIVISION COUNTY CIVIL ACTION-FILE NO.

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     _____________________________ _____________________________

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PLAINTIFF PLAINTIFF'S ATTORNEY

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__________________________________

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ADDRESS

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     _________________ vs

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     DEFENDANT

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__________________________

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DEFENDANT'S ADDRESS

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     ______________________________ __________________________________

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     TO THE ABOVE-NAMED DEFENDANT:

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     You are hereby summoned and required to serve upon the plaintiff's attorney, whose name

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and address appears above, an answer to the complaint which is herewith served upon you. Your

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answer must be made within 20 days after service of this summons, excluding the date of service.

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The original must be filed in writing with this court. If you fail to do so, judgment by default will

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be taken against you for the relief demanded in the complaint.

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     _____________________________ ____________________________

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     DATE CLERK

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     ______________________________ __________________________________

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     SEAL OF THE DISTRICT COURT DATE

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RECEIVED

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PROOF OF SERVICE

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     I hereby certify that on the date below I served a copy of this summons and a copy of the

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complaint received herewith upon the above-named defendant by delivering or leaving said papers

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in the following manner:

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□ to the defendant personally.

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□ at his dwelling house or usual place of abode at the address entered

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below, with a person of suitable age and discretion then residing therewith.

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□ to an agent named below authorized by appointment or by law to receive

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service of process.

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□ Further notice as required by statute was given as noted on the reverse

 

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side.

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     Address of Dwelling or Usual Place of Abode

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     Name of Authorized Agent or Person of Suitable Age

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     ______________________________ __________________________________

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     Date Deputy Sheriff/Constable

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     ______________________________ __________________________________

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SERVICE FEE $________

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     (j) The blank answer served in eviction actions shall be in substantially the following form:

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State of Rhode Island

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_______________________, Sc. DISTRICT COURT

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     ____________________________ _____________ DIVISION

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PLAINTIFF DEFENDANT

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     ____________________________ __________________________________

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(Landlord's Name) (Tenant's Name)

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V

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     __________________________________ _________________________________

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     __________________________________ ________________________________

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(address) (address of rental

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premises)

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INSTRUCTIONS TO THE DEFENDANT

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     Listed below are several possible defenses to the eviction action your landlord has filed

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against you. If one or more of these defenses apply to your case, check the appropriate box(es). If

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space is provided, write in facts in support of that defense. Use additional paper if necessary. Some

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of these defenses are technical, and there may be others not listed here. You may consult a lawyer

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and seek representation before filling out this Answer.

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TENANT'S ANSWER

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     The complaint against me is untrue or fails to state the following facts:

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     I offered rent, but my landlord refused it. I am still able and willing to pay the rent.

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     I have a defense for nonpayment because the landlord has failed to maintain the premises

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in a fit and habitable condition.

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     My rent has not been paid, but I have a legally justifiable defense for not paying:

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     I have a written lease which does not expire until:

 

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     I have not received the required notice from the landlord before this complaint was served

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on me.

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     The landlord is trying to evict me because I have exercised my legal rights by calling code

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enforcement officials, or by taking the following protected action:

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     I have other defenses as follow:

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     WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a

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judgment in my favor and not order me to be evicted.

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COUNTERCLAIM

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     Instructions: If you believe you are entitled to be awarded damages or money for any reason

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from your landlord, you may fill out the statement below:

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     I hereby sue my landlord for the amount of $_____________.

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     I believe I am entitled to receive an award of this amount because

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     __________________________________

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__________________________

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________

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     Name of Defendant (or attorney) Signature of Defendant

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     ___________________________________

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     Address

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     ___________________________________

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     Telephone number

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     ___________________________________

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     SECTION 3. This act shall take effect on January 1, 2024.

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LC002062

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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 modify the summons for eviction for reasons other than nonpayment of rent

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with the district court, to add a certificate of service section, and provide the option to post the

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summons and complaint conspicuously on the door of the defendant/tenant's dwelling.

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     This act would take effect on January 1, 2024.

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LC002062

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