2023 -- S 0642

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LC002062

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

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:

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

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

     34-18-56. Notices and complaint forms.

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

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

to § 34-18-35:

FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT

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

Date of Mailing: _____________________

     TO: __________________________

(tenant)

     _____________________________

     _____________________________

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

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

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

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

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

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

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

__________________________

(signature)

__________________________

__________________________

(name and address of land-

lord/owner)

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

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

__________________________

(landlord or owner

signature)

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

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

NOTICE OF NONCOMPLIANCE

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

Date of Mailing: ____________________

     TO: __________________________

(tenant)

     _____________________________

     _____________________________

(address)

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

24, because you:

(provide details)

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

mailing of this Notice:

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

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

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

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

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

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

__________________________________

(signature)

__________________________________

__________________________________

(name and address of land-lord/owner)

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

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

__________________________________

(landlord or owner signature)

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

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

NOTICE OF TERMINATION OF TENANCY

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

Date of Mailing: _______________________

     TO: _________________________

(tenant)

     _____________________________

     _____________________________

(address)

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

the premises located at __________________________________ and deliver control of the

premises to the

(address of premises)

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

____________________.

(insert date)

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

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.

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

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

to raise that defense at the court hearing.

__________________________________

(signature)

__________________________________

__________________________________

(name and address of land-lord/owner)

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

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

__________________________________

(landlord or owner signature)

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

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

State of Rhode Island

     _______________________, Sc. DISTRICT

COURT

     ____________________________ _____________

DIVISION

PLAINTIFF DEFENDANT

     ____________________________

__________________________

________

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

V

_________________________________ __________________________

__________________________________ __________________________

__________________________________ __________________________

(address) (address of rental premises)

COMPLAINT FOR EVICTION

FOR NONPAYMENT OF RENT

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

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

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Tenant currently resides.

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

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

as of the __________ day of __________, 20____.

(month)

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

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

of ________, 20____.

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

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

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

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

__________________________________

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

__________________________________

Date complaint filed with clerk __________________

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

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

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

pursuant to § 34-18-38:

STATE OF RHODE ISLAND

     _______________________, Sc. DISTRICT

COURT

     ____________________________ _____________

DIVISION

PLAINTIFF DEFENDANT

____________________________ __________________________________

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

V

     __________________________________ __________________________________

     __________________________________ __________________________________

(address) (address of rental

premises)

COMPLAINT FOR EVICTION

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FOR REASON OTHER THAN

NONPAYMENT OF RENT

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

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

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

Tenant(s) resides.

     2. CHECK ONE:

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

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

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

notice of noncompliance.)

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

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

must attach copy of required termination notice.)

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

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

     for

(explain basis for money claim)

Plaintiff seeks costs and fees (if applicable).

__________________________________

(Signature of Landlord/Owner or Attorney)

__________________________________

Date complaint filed with clerk __________

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

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

eviction actions:

NOT FOR EVICTION

State of Rhode Island

     _______________________, Sc. DISTRICT

COURT

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     ____________________________ _____________

DIVISION

PLAINTIFF DEFENDANT

____________________________ __________________________________

(Name) (Name)

V

__________________________________ __________________________

__________________________________ __________________________

__________________________________ __________________________

(address) (address of rental

premises)

LANDLORD-TENANT COMPLAINT

(NOT FOR USE IN EVICTIONS)

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

at.

(address of rental premises)

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

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

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

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

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

     Date Complaint Filed__________________________________

     With Clerk: __________

(Signature of plaintiff or plaintiff's attorney)

__________________________________

(address)

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

shall be in substantially the following form:

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STATE OF RHODE ISLAND

     DISTRICT COURT

SU

MMONS

EVICTION-NONPAYMENT OF RENT

DIVISION COUNTY CIVIL ACTION-FILE NO.

Address of Court:

     __________________________________ __________________________________

     __________________________________ __________________________________

     __________________________________ __________________________________

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

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

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

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

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

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

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

sure the settlement is in the court record.

     YOUR HEARING DATE IS: ________________________________.

(Proof of Service on next page)

________________________________________

PROOF OF SERVICE

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

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

______ to the defendant personally; or

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

at the

address listed below with a person of suitable age

then

residing therein; or

______ if none be found, by posting conspicuously on the

door

to the defendant's dwelling unit.

     ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:

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     NAME OF PERSON OF SUITABLE AGE:

SERVICE DATE:

     DEPUTY SHERIFF/CONSTABLE:

CERTIFICATE OF SERVICE

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

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

to defendant at the following address:

________________________________________________.

__________________________________

(Signature of ____________ Clerk)

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

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

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

State of Rhode Island

District Court

Summons

EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT

     DIVISION COUNTY CIVIL ACTION-

FILE NO.

Address of Court:

     __________________________________ __________________________

      V

     __________________________________ __________________________

     __________________________________ __________________________

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

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

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

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

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

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

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

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

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

(Proof of Service on next page)

________________________________________

PROOF OF SERVICE

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

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

     ____ to the defendant personally

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

person of suitable age then residing therein

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

process

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

     Address of dwelling or usual place of abode:

     Name of person of suitable age or of agent:

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

usual place of abode.

     Service Date: ____________________

     Deputy Sheriff/Constable (circle one):

__________________________

________

(signature)

CERTIFICATE OF SERVICE

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

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

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

Affiant__________________________

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

for eviction, shall be in substantially the following form:

     State of Rhode Island

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     District Court Summons____________

     ____________ _______________ ______________

     DIVISION COUNTY CIVIL ACTION-FILE NO.

     _____________________________ _____________________________

PLAINTIFF PLAINTIFF'S ATTORNEY

__________________________________

ADDRESS

     _________________ vs

     DEFENDANT

__________________________

DEFENDANT'S ADDRESS

     ______________________________ __________________________________

     TO THE ABOVE-NAMED DEFENDANT:

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

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

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

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

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

     _____________________________ ____________________________

     DATE CLERK

     ______________________________ __________________________________

     SEAL OF THE DISTRICT COURT DATE

RECEIVED

PROOF OF SERVICE

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

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

in the following manner:

□ to the defendant personally.

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

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

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

service of process.

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

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side.

     Address of Dwelling or Usual Place of Abode

     Name of Authorized Agent or Person of Suitable Age

     ______________________________ __________________________________

     Date Deputy Sheriff/Constable

     ______________________________ __________________________________

SERVICE FEE $________

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

State of Rhode Island

_______________________, Sc. DISTRICT COURT

     ____________________________ _____________ DIVISION

PLAINTIFF DEFENDANT

     ____________________________ __________________________________

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

V

     __________________________________ _________________________________

     __________________________________ ________________________________

(address) (address of rental

premises)

INSTRUCTIONS TO THE DEFENDANT

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

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

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

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

and seek representation before filling out this Answer.

TENANT'S ANSWER

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

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

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

in a fit and habitable condition.

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

     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

on me.

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

enforcement officials, or by taking the following protected action:

     I have other defenses as follow:

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

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

COUNTERCLAIM

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

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

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

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

     __________________________________

__________________________

________

     Name of Defendant (or attorney) Signature of Defendant

     ___________________________________

     Address

     ___________________________________

     Telephone number

     ___________________________________

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

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

***

     This act would modify the summons for eviction for reasons other than nonpayment of rent

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

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

     This act would take effect on January 1, 2024.

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LC002062

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