2022 -- H 8010

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LC005467

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representatives J Lombardi, Felix, Potter, Alzate, Morales, Henries, Hull,
Tanzi, Ranglin-Vassell, and Cassar

     Date Introduced: March 18, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-38 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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     34-18-38. Eviction for unlawfully holding over after termination or expiration of

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tenancy.

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

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

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

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

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

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

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

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

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

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

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appropriate court.

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

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

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

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

 

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

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other cases, month-to-month.

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     (d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories

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to the rental agreement living within the dwelling unit, the deceased's live-in caregiver or any other

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person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to

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continue the rental agreement for a period of time known as the post-death rental grace period. Any

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such person residing in the dwelling unit who chooses to continue the rental agreement shall be

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known as the grace period temporary tenant. The following conditions shall apply:

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     (1) The grace period temporary tenant shall pay the rent agreed to in the rental agreement

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and assume all other obligations of the tenant pursuant to the terms of the existing rental agreement.

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     (2) The grace period temporary tenant may terminate the post-death rental grace period at

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any time; provided, however, that the termination of the post-death rental grace period shall not be

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construed to relieve the grace period temporary tenant from any obligations incurred under the

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rental agreement during the duration of the post-death rental grace period.

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     (3) The length of the post-death rental grace period shall not exceed three (3) months,

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unless mutually agreed upon by the landlord and the grace period temporary tenant.

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     (4) The post-death rental grace period shall not extend beyond the end of the term of the

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rental agreement.

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     (5) Rent due for part of a month shall be prorated.

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     (6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or

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any other person residing in the dwelling unit to continue the rental agreement or assume any

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obligations of the rental agreement.

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     (7) Nothing in this section shall be construed to restrict the ability of the landlord and

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dwelling unit resident(s) to enter into a new mutually agreeable rental agreement.

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     (8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the

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estate of the deceased.

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     (9) Nothing in this section shall be construed to convey any civil or criminal liability on

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the grace period temporary tenant for any actions of the deceased tenant.

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     (10) The landlord shall have the right to deduct damages to the dwelling unit incurred by

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the deceased tenant or the grace period temporary tenant from a preexisting security deposit,

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pursuant to the terms of the rental agreement, but the landlord shall not have the right to require an

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additional security deposit from the grace period temporary tenant. The remaining balance of the

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security deposit shall be allocated between the estate of the deceased and the grace period

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temporary tenant proportional to the amount of time the deceased and the grace period temporary

 

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tenant were party to the rental agreement, unless the duration of the post-death rental grace period

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shall be less than one month, in which case the balance of the security deposit shall be transferred

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in full to the estate of the deceased.

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     (11) If multiple eligible residents of the dwelling unit separately elect to become grace

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period temporary tenants, all obligations of the rental agreement, including rent, shall be divided

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among them proportionally for such time as each shall remain a grace period temporary tenant.

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     (12) If an eligible resident of the dwelling unit continues to reside within the rental unit for

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more than seven (7) days, they shall be assumed to have elected to become a grace period temporary

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tenant.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would permit those other residents of a residential dwelling unit to extend the term

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of the rental agreement for a period not to exceed three (3) months after the death of the lessee.

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     This act would take effect upon passage.

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