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: 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 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 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 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 ____________________________ __________________ 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 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 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 ________________, 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 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 appointment 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 _______________________, 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 ___________________________________
(k) A notice in substantially the following language shall suffice for the purpose of giving a landlord notice of a tenant’s intent to cause repairs to be done in a skilled manner and deduct the actual and reasonable costs from the tenant’s rent pursuant to § 34-18-30: NOTICE OF INTENT TO DEDUCT COSTS OF REASONABLE REPAIRS FROM RENT PURSUANT TO § 34-18-30 To: __________________ (Landlord) ___________________ ___________________ (address of landlord) You have failed to comply with § 34-18-22(a)(1), (2), (4), (5) or (6), and make the reasonable repairs necessary within twenty (20) days, and have further failed to demonstrate ongoing, good faith efforts to comply, after written notification was provided to you. As a result thereof, I intend to cause the repairs to be done by ______________________, in compliance (Name of Contractor) with applicable state and local codes, and deduct the actual cost thereof, or the fair and reasonable value of the repairs, from next month’s rent. Upon completion of all repairs and payment, I will submit an itemized statement of all costs or the fair and reasonable value of the repairs made to you. The undersigned further certifies that the condition necessitating the repairs was not caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. ____________________________________ (signature) ____________________________________ ____________________________________ (name and address of tenant)
SECTION 2. This act shall take effect upon passage.
