Rhode Island

Section 34-18-37 - Termination of periodic tenancy

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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice.

 

(b) The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice.

 

(c) The landlord or tenant may terminate a year-to-year tenancy by written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least three (3) months prior to the expiration of the occupation year.

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R.I. Gen. Laws § 34-18-37

P.L. 1986, ch. 200, § 2.

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

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(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.

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R.I. Gen. Laws § 34-18-38

P.L. 1986, ch. 200, § 2.

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Section 34-18-38.1 - Definitions for purpose of the eviction of tenants in residential foreclosed properties

 

(a) As used in § 34-18-38.2, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

(1) "Bona fide lease" or "bona fide tenancy" means a lease or tenancy shall not be considered bona fide unless:

 

(i) The mortgagor, or the child, spouse or parent of the mortgagor under the contract, is not the tenant; and

 

(ii) The lease or tenancy was the result of an arms-length transaction; and

 

(iii) The lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property, or the dwelling unit's rent is reduced or subsidized due to a federal, state or local subsidy.

 

(2) "Entity" means a business organization, or any other kind of organization including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership , joint venture, sole proprietorship or any other category of organization and any employee , agent, servant or other representative of such entity.

 

(3) "Eviction" means an action, without limitation, by a foreclosing owner of a housing accommodation which is intended to actually or constructively evict a tenant or otherwise compel a tenant to vacate such housing accommodation.

 

(4) "Foreclosing owner" means an entity that holds title in any capacity, directly or indirectly , without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either:

 

(i) Held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation or is the subsidiary, parent, trustee , or agent thereof; or

 

(ii) Is an institutional mortgagee that acquires or holds title to the housing accommodation within three (3) years of the filing of a foreclosure deed on the housing accommodation ; or

(iii) Is the federal national mortgage association or the federal home loan mortgage corporation .

 

(5) "Foreclosure" means an action to terminate a mortgagor's interest in property by sale of property pursuant to a power of sale in a mortgage, as described in § 34-11-22 or conveyance of the property by the mortgagor in lieu of foreclosure or an action filed in court pursuant to § 34-27-1.

 

(6) "Housing accommodation" means a building or structure containing four (4) or fewer dwelling units, or part thereof of land appurtenant thereto, and any other real or personal property used , rented or offered for rent for living or dwelling purposes, together with all services connected with the use or occupancy of such property.

 

(7) "HUD" means the United States Department of Housing and Urban Development and any successor to such department.

 

(8) 'Institutional mortgagee" means an entity or an entity which is the subsidiary, parent, trustee to such entity, that holds or owns mortgages or other security interests in three (3) or more housing accommodations or that acts as a mortgage servicer of three (3) or more mortgages of housing accommodations.

 

(9) "Just cause" means one of the following:

 

(i) The tenant has failed to pay rent in effect prior to the foreclosure, as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid;

 

(ii) The tenant has materially violated either an express or legally required obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation within thirty (30) days after having received written notice thereof from the foreclosing owner;

 

(iii) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the unit; is causing substantial damage to the unit or is creating a substantial interference with the quiet enjoyment of other occupants;

 

(iv) The tenant is using or permitting the unit to be used for any illegal purpose;

 

(v) The tenant who had a written bona fide lease or other rental agreement which terminated , on or after July 1, 2014, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this chapter;

 

(vi) The tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvement required by the laws of the United States, the state of Rhode Island or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law or for the purpose of showing the unit to a prospective purchaser or mortgagee;

 

(vii) The foreclosing owner:

 

(A) Seeks to permanently board up or demolish the premises because the premises has been cited by a state or local minimum housing code enforcement agency for substantial violations affecting the health and safety of tenants and it is economically not feasible for the foreclosing owner to eliminate the violations; or

 

(B) Seeks to comply with a state or local minimum housing code enforcement agency that has cited the premises for substantial violations affecting the health and safety of tenants and it is not feasible to so comply without removing the tenant; or

 

(C) Seeks to correct an illegal occupancy because the premises has been cited by a state or local minimum housing code enforcement agency or zoning official and it is not feasible to correct such illegal occupancy without removing the tenant; and provided further that nothing in this section shall limit the rights of a third-party owner to evict a tenant at the expiration of an existing lease.

 

(10) "Mortgagee" means an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage services, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.

 

(11) "Mortgage servicer" means an entity which administers or at any point administered the mortgage; provided, however, that such administration shall include, but not be limited to, calculating principal and interest, collecting payments from the mortgager, acting as escrow agent or foreclosing in the event of a default.

 

(12) "Tenant" means a person or group of persons, who at the time of foreclosure, is entitled to occupy a housing accommodation pursuant to a bona fide lease or tenancy. A person who moves into the housing accommodation owned by the foreclosing owner, subsequent to the foreclosure sale, without the express written permission of the foreclosing owner shall not be considered a tenant under this section.

 

(13) "Unit" or "residential unit" means the room or group of rooms within a housing accommodation which is used or intended for use as a residence by one household.

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R.I. Gen. Laws § 34-18-38.1

Added by 2014 Pub. Laws, ch. 513,§ 2, eff. 7/8/2014.

Added by 2014 Pub. Laws, ch. 486,§ 2, eff. 7/8/2014.

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Section 34-18-38.2 - Just cause needed for eviction of foreclosed residential property tenants

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(a) Notwithstanding any provision of the general or public laws to the contrary, a foreclosing owner shall not evict a tenant except for just cause, or unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosing owner, and the foreclosing owner has disclosed to the third-party purchaser that said purchaser may be responsible for evicting the current occupants of the housing accommodation after the sale occurs; or with respect to a housing accommodation in a housing accommodation insured by the Federal Housing Administration, unless HUD denies a request by any tenant for an occupied conveyance or if a tenant does not submit to HUD a request for continued occupancy before the deadline set forth in a notice to occupants of pending acquisition delivered to the tenant by the foreclosing owner.

 

(b) Within thirty (30) days of the foreclosure, the foreclosing owner shall post in a prominent location in the building in which the rental housing unit is located, a written notice stating :

 

(1) The names, addresses, telephone numbers and telephone contact information of the foreclosing owner, the building manager or other representative of the foreclosing owner responsible for the management of such building;

 

(2) The address to which rent charges shall be sent;

 

(3) That in order to remain on the premises as a tenant of the foreclosing owner, the household must submit within thirty (30) days a completed form to be provided with said written notice to the same address where rent charges shall be sent, said form to be substantially similar to the request for continued occupancy form used by HUD and shall contain an authorization to conduct a credit check of the person or persons submitting the form. This requirement shall be satisfied if the foreclosing owner or someone acting on his/her behalf has:

 

(i) Posted the notice in a prominent location in the building;

 

(ii) Mailed the notice by first class mail to each unit; and

 

(iii) Slid the notice under the door of each unit in the building a document stating the names , addresses, and telephone contact information of the foreclosing owner, the building manager or other representative of the foreclosing owner responsible for the management of such building and stating the address to which rent and use and occupancy charges shall be sent.

 

(c) A foreclosing owner shall not evict a tenant except for actions that constitute just cause , and:

 

(1) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until thirty (30) days after the notice required by subsection (b) of this section is posted, mailed and delivered:

 

(i) The tenant has failed to pay the rent in effect prior to the foreclosure as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid and to whom it was to be paid;

 

(ii) The tenant has materially violated an obligation or covenant of the tenancy or occupancy , other than the obligation to surrender possession upon proper notice;

 

(iii) The tenant who had a written bona fide lease or other rental agreement which terminated , on or after July 1, 2014, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this section; and

 

(iv) The foreclosing owner:

 

(A) Seeks to permanently board up or demolish the premises because the premises has been cited by a state or local minimum housing code enforcement agency for substantial violations affecting the health and safety of tenants and it is not economically feasible for the foreclosing owner to eliminate the violations; or

 

(B) Seeks to comply with a state or local minimum housing code enforcement agency that has cited the premises for substantial violations affecting the health and safety of tenants and it is not feasible to so comply without removing the tenant; or

 

(C) Seeks to correct an illegal occupancy because the premises has been cited by a state or local minimum housing code enforcement agency or zoning officials and it is not feasible to correct such illegal occupancy without evicting the tenant.

 

(2) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until the notice required by subsection (b) is posted and delivered:

 

(i) The tenant is committing a nuisance in the unit; is permitting a nuisance to exist in the unit ; is causing substantial damage to the unit or is creating a substantial interference with the quiet enjoyment of other occupants;

 

(ii) The tenant is using or permitting the unit to be used for any illegal purpose; and

 

(iii) The tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvements required by the laws of the United States, the state of Rhode Island or any subdivision thereof, or for the purpose of showing the unit to a prospective purchaser or mortgagee.

 

(d) The following procedures shall be followed for the eviction of a tenant pursuant to subsection (c) of this section:

 

(1) For evictions brought pursuant to subsection (c)(1)(i), the foreclosing owner shall follow § 34-18-35;

 

(2) For evictions brought pursuant to subsection (c)(1)(ii), or subsection (c)(2)the foreclosing owner shall follow § 34-18-36;

 

(3) For evictions brought pursuant to subsection (c)(1)(iii) or (c)(1)(iv) or for evictions brought where a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosing owner or for evictions brought with respect to housing accommodations located in a premises insured by the federal housing administration as provided in subsection (a), for eviction brought against a tenant who fails to return the form requesting continued occupancy pursuant to subsection (b), the foreclosing owner shall follow the procedures for terminating a month to month tenancy set forth in § 34-18-37, provided that any obligations of the foreclosing owner arising under the federal protecting tenants at foreclosure act of 2009, as such act is amended and extended from time to time, shall first have been satisfied; and provided further that in any eviction brought against a tenant pursuant to subsection (c) the tenant may raise an affirmative defense that the form was not posted or served upon the tenant as required by subsection (b).

 

(e) A foreclosing owner may evict any person other than a tenant by following the procedures for terminating a month to month tenancy set forth in § 34-18-37.

 

(f) If a foreclosing owner disagrees with the amount of rent paid by the tenant to the foreclosing owner, the foreclosing owner may bring a claim in district court to claim that the rental charge is unreasonable and set a new rental rate. A bona fide lease or bona fide tenancy between the foreclosed upon owner and the lessee or proof of rental payment to the foreclosed upon owner shall be presumed to be a reasonable rental rate.

 

(g) Nothing herein shall be deemed to limit the right of any tenant to knowingly waive the provisions of this section for consideration acceptable to such tenant.

 

(h) Notwithstanding any other provisions of this section, a foreclosing owner shall be exempt from the requirement of this section if:

 

(1) The foreclosing owner is headquartered in Rhode Island and maintains a physical office or offices in Rhode Island from which office or offices it carries out full-service mortgage operations , including the acceptance and processing of mortgage payments and the provision of local customer service and loss mitigation and where Rhode Island staff have the authority to approve loan restructuring and other loss mitigation strategies; or

 

(2) The foreclosing owner conducted fewer than fifteen (15) foreclosures in Rhode Island during the prior calendar year, excluding any conveyances of property by a deed in lieu of foreclosure .

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R.I. Gen. Laws § 34-18-38.2

Added by 2014 Pub. Laws, ch. 513,§ 2, eff. 7/8/2014.

Added by 2014 Pub. Laws, ch. 486,§ 2, eff. 7/8/2014.

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Section 34-18-39 - Failure to maintain

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If there is noncompliance by tenant with § 34-18-24 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within twenty (20) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a skilled manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.

 

R.I. Gen. Laws § 34-18-39

P.L. 1986, ch. 200, § 2.

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Section 34-18-40 - Remedies for abandonment

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If the tenant abandons the dwelling unit, the landlord shall send a certified letter, return receipt requested, to the tenant's last known address giving notice that unless a reply is received from the tenant within seven (7) days, the landlord shall re-rent the premises. If the notice is returned as undeliverable, or the tenant fails to contact the landlord within seven (7) days, the landlord shall make reasonable efforts to rent the premises at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the tenancy terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at fair rental, or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.

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R.I. Gen. Laws § 34-18-40

P.L. 1986, ch. 200, § 2.

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Section 34-18-41 - Waiver of landlord's right to terminate

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Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless the landlord gives written notice within ten (10) days. However, acceptance of partial payment of rent shall not constitute a waiver of the balance due. Acceptance does not waive the landlord's right to seek remedies for the default.

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R.I. Gen. Laws § 34-18-41

P.L. 1986, ch. 200, § 2; P.L. 1997, ch. 95, § 1.

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Section 34-18-42 - Landlord liens - Distraint for rent abolished

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(a) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter, except as provided in § 34-18-50.

 

(b) Distraint for rent is abolished.

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R.I. Gen. Laws § 34-18-42

P.L. 1986, ch. 200, § 2.

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Section 34-18-43 - Remedy after termination

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If the rental agreement is terminated, the landlord has a claim for possession, for a sum for reasonable use and occupation subsequent to the termination, and for actual damages for breach of the rental agreement and reasonable attorney's fees.

 

R.I. Gen. Laws § 34-18-43

P.L. 1986, ch. 200, § 2.

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Section 34-18-44 - Self-help recovery of possession prohibited

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A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.

 

R.I. Gen. Laws § 34-18-44

P.L. 1986, ch. 200, § 2.

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Section 34-18-45 - Landlord and tenant remedies for abuse of access

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(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement.

 

(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

 

(c) In any action under subsection (a) or (b) the prevailing party may recover actual damages and shall be awarded costs and reasonable attorney's fees.

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R.I. Gen. Laws § 34-18-45

P.L. 1986, ch. 200, § 2.

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Section 34-18-46 - Retaliatory conduct prohibited

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(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because:

 

(1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or

 

(2) The tenant has complained to the landlord of a violation under § 34-18-22; or

 

(3) The tenant has organized or become a member of a tenants' union or similar organization; or

 

(4) The tenant has availed himself or herself of any other lawful rights and remedies.

 

(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in § 34-18-34 and has a defense in any retaliatory action against him or her for possession. In an action by or against the tenant, evidence of a complaint within six (6) months before the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rental increase or diminution of services. "Presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

 

(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if:

 

(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of his or her family, or other person on the premises with his or her consent; or

 

(2) The tenant is in default in rent; or

 

(3) Compliance with the applicable building or housing code or other public action such as eminent domain, requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit, and the relocation requirements have been met by the municipality.

 

(d) The maintenance of an action under subsection (c) of this section does not release the landlord from liability under § 34-18-28(b).

 

R.I. Gen. Laws § 34-18-46

P.L. 1986, ch. 200, § 2.

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Section 34-18-47 - Appeals

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Appeals of actions brought under this chapter shall be pursuant to § 9-12-10.1.

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R.I. Gen. Laws § 34-18-47

P.L. 1986, ch. 200, § 2.

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Section 34-18-48 - Execution

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If no appeal is claimed, and if the judgment has not been satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be issued to the division of sheriffs or certified constable. Every execution issued by any district court pursuant to this chapter shall continue in full force and effect for one year after the date thereof, and be returnable to the district court which issued it in accordance with the provisions of § 9-25-21. All costs including reasonable moving costs incurred by the division of sheriffs or certified constable in carrying out the mandates of the execution may be added to the execution by the clerk upon approval of the court upon presentment of evidence of the costs.

 

R.I. Gen. Laws § 34-18-48

Amended by 2015 Pub. Laws, ch. 260,§ 34, eff. 9/1/2015.

Amended by 2015 Pub. Laws, ch. 275,§ 34, eff. 9/1/2015.

P.L. 1986, ch. 200, § 2; P.L. 1990, ch. 224, § 1; P.L. 2003, ch. 300, § 1; P.L. 2003, ch. 311, § 1; P.L. 2012, ch. 324, § 65.

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Section 34-18-49 - Payment of rent on stay of execution

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Whenever, in any action for the recovery of real property, the issuance of an execution, or the service of an execution, is stayed by order of the court or by the operation of law, the stay shall be conditioned upon the payment by tenant to the landlord of sums of money equal to the rent for the premises, which sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall the receipt thereof be deemed to reinstate the tenancy.

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R.I. Gen. Laws § 34-18-49

P.L. 1986, ch. 200, § 2.

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Section 34-18-50 - Payment of moving costs required

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Whenever the personal property of any tenant is removed from the premises the tenant occupies by mandate of an execution from the court of competent jurisdiction, the tenant shall pay the entire amount of the cost of moving the personal property and any prepaid storage charges to the division of sheriffs, constable, or other person who lawfully caused the personal property to be so moved before the personal property can be released to the tenant by the person, firm, partnership, company, association, or corporation having lawful possession of the property. Further, the division of sheriffs, constable, or other person who lawfully caused the personal property to be so moved shall prepare and deliver a release in writing stating that the costs of moving and any prepaid storage charges have been paid in full and authorizing the release of the personal property to the tenant. This amount shall be paid to the landlord as reimbursement for the costs of removing the personal property.

 

R.I. Gen. Laws § 34-18-50

P.L. 1986, ch. 200, § 2; P.L. 2012, ch. 324, § 65.

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Section 34-18-51 - Issuance of execution on nonpayment of rent

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In the event that the tenant shall fail or refuse to pay all sums promptly when due in accordance with the provisions of § 34-18-49, the court in which the judgment for possession was issued shall, on motion of the landlord and after hearing thereon, including satisfactory proof of such nonpayment, enter an order for the issuance of such execution and the prompt service thereof, and from this order there shall be no appeal.

 

R.I. Gen. Laws § 34-18-51

P.L. 1986, ch. 200, § 2.

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Section 34-18-52 - Payment of rent during pendency of appeal

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Whenever an action for the recovery of real property is pending on appeal in the superior or supreme court, the tenant in the action shall pay to the landlord sums of money equal to the rent for the premises, which the sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall their receipt be deemed to reinstate the tenancy.

 

R.I. Gen. Laws § 34-18-52

P.L. 1986, ch. 200, § 2.

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Section 34-18-53 - Dismissal of appeal for nonpayment of rent during pendency of appeals

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In the event that the tenant fails or refuses to pay all sums promptly when due, in accordance with the provisions of § 34-18-52, the court in which the case is pending, shall, without any trial on the merits, on motion of the landlord, and after hearing thereon, including satisfactory proof of such nonpayment, enter an order for the entry of judgment and the issuance of the execution and the prompt service thereof, and from that order there shall be no appeal. The papers shall be forthwith returned to the district court which shall upon payment of the required fee, issue an execution without further delay.

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R.I. Gen. Laws § 34-18-53

P.L. 1986, ch. 200, § 2; P.L. 2001, ch. 75, § 1.

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Section 34-18-54 - Savings clause

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Transactions entered into before January 1, 1987, and not extended or renewed on and after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred.

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R.I. Gen. Laws § 34-18-54

P.L. 1986, ch. 200, § 2.

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Section 34-18-55 - Severability

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If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

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R.I. Gen. Laws § 34-18-55

P.L. 1986, ch. 200, § 2.

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Section 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 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)(a)

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 , 19.

(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:

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 , 19.

(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

(address of premises)

and deliver control of the premises to the 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 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 , 19.

(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 and Providence Plantations

, 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 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 , 19.

(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 , 19.

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 AND PROVIDENCE PLANTATIONS

, Sc. DISTRICT COURT

] DIVISION

PLAINTIFF DEFENDANT

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

V

(address) (address of rental premises)

COMPLAINT FOR EVICTION 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 rented 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 and Providence Plantations

, Sc. DISTRICT COURT

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:

STATE OF RHODE ISLAND DISTRICT COURT SUMMONS

EVICTION-NONPAYMENT OF RENT DIVISION COUNTY CIVIL ACTION-FILE NO.

Address of Court

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

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 , 19, 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(name & address of defendant-landlord) 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 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:

Service Date:

Deputy Sheriff/Constable (circle one):

(signature)

 

(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 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 appoint-

ment or by law to receive service of process.

Further notice as required by statute was given

as noted on the reverse 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 and Providence Plantations

, 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:

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

​

R.I. Gen. Laws § 34-18-56

P.L. 1986, ch. 200, § 2; P.L. 1988, ch. 649, § 1; P.L. 1989, ch. 229, § 1.

​

Section 34-18-57 - Providence and Warwick Absentee Landlord Enforcement Act

​

All persons, corporations, organizations, associations or other legal entities owning and leasing property in the cities of Providence or Warwick shall register their names, home addresses, including zip codes, and telephone numbers with the city clerk in the city where such property is located.

 

R.I. Gen. Laws § 34-18-57

P.L. 1995, ch. 336, § 1; P.L. 2008, ch. 236, § 1; P.L. 2008, ch. 465, § 1.

​

​