Chapter 000

Chapter 384

2005 -- H 5327 AS AMENDED

Enacted 07/19/05

A N A C T

RELATING TO RESIDENTIAL LANDLORD AND TENANT

Introduced By: Representative Donald J. Lally

Date Introduced: February 03, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 34-18-36 of the General Laws in Chapter 34-18 entitled

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

34-18-36. Eviction for noncompliance with rental agreement. -- (a) Except as

provided in this chapter, if there is a material noncompliance by the tenant with the rental

agreement or a noncompliance with section 34-18-24 materially affecting health and safety, the

landlord shall deliver a written demand notice to the tenant, in a form substantially similar to that

provided in section 34-18-56(b), specifying:

(1) The acts and/or omissions constituting the breach of the rental agreement or of

section 34-18-24;

(2) The acts, repairs, or payment of damages, which are necessary to remedy the breach;

and

(3) That unless the breach is remedied within twenty (20) days of mailing of the notice

the rental agreement shall terminate upon a specified date, which shall not be less than twenty-

one (21) days after the mailing of the notice.

(b) Unless it is a violation of section 34-18-24(8), (9), or (10), if the tenant adequately

remedies the breach before the date specified in the notice, the rental agreement shall not

terminate. If the breach is not remedied, the landlord may commence an eviction action, which

shall be filed no earlier than the first day following the termination date specified in the written

demand notice. The action shall be initiated by filing a "Complaint for Eviction for Reason Other

Than for Nonpayment of Rent" in the appropriate court according to the form in section 34-18-

56(e).

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.

(d) Except as provided in this chapter, the landlord may recover possession, actual

damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or

section 34-18-24. If the tenant's noncompliance is willful, the landlord may recover reasonable

attorney's fees.

(e) If substantially the same act or omission which constituted a prior noncompliance, of

which good faith notice was given, recurs within six (6) months, the landlord may terminate the

rental agreement upon at least twenty (20) days' written notice, specifying the breach and the date

of termination of the rental agreement. No allowance of time to remedy noncompliance shall be

required.

(f) If the tenant has violated section 34-18-24(8), (9), or (10), or if the tenant (i) is a

seasonal tenant occupying the premises pursuant to a written lease agreement which commences

no earlier than May 1st of the occupation year and expires no later than October 15th of the

occupation year, or commences no earlier than September 1st and expires no later than June 1st of

the next subsequent year, with no right of renewal or extension beyond the above dates; and (ii)

has been charged with violating a municipal ordinance or has otherwise violated the terms of the

rental agreement pertaining to legal occupancy or excessive noise or other disturbance of the

peace, the landlord shall not be required to send a notice of noncompliance to the tenant and may

immediately file a complaint for eviction in a form substantially similar to that provided in

section 34-18-56(e) and seek the relief set forth in subsection (d).

SECTION 2. This act shall take effect upon passage.

=======

LC01262

=======