| Chapter 207 |
| 2022 -- H 8078 SUBSTITUTE B Enacted 06/27/2022 |
| A N A C T |
| RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
Introduced By: Representatives Diaz, Slater, Batista, Morales, Edwards, Felix, Alzate, Williams, and Perez |
| Date Introduced: April 01, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 34-18-10 of the General Laws in Chapter 34-18 entitled "Residential |
| Landlord and Tenant Act" is hereby amended to read as follows: |
| 34-18-10. Service of process for actions pursuant to chapter. |
| (a)(1) In actions for nonpayment of rent, the summons for eviction for nonpayment of rent |
| shall be in the form provided in § 34-18-56(g). At the time of filing of the complaint, the clerk shall |
| mark enter the date of hearing upon the summons, which shall be the ninth (9th) day after filing of |
| the complaint, or the first court day following the ninth (9th) day, which shall be fourteen (14) to |
| twenty-four (24) days after filing of the complaint. For the purposes of this section only, the time |
| of filing of the complaint shall be the date upon which the clerk assigns a case number to the action |
| and the filing fee is paid to the clerk. On the same day that the complaint is filed, the plaintiff's |
| attorney or, if pro se, the plaintiff, or if more than one, the person filing the complaint shall mail a |
| copy of the summons and complaint with the date of the hearing and a blank answer form as |
| provided in § 34-18-56(j) by first class mail, to the defendant, shall complete the proof of service |
| on a copy of the original summons and file the completed proof of service in the appropriate court. |
| The clerk shall note on the docket the mailing date of the summons and complaint, and shall |
| complete the proof of service on the original summons. The plaintiff shall deliver the original |
| summons and a copy thereof, together with a copy of the complaint and a blank answer form to the |
| division of sheriffs or any constable of the county in which the appropriate court is located. The |
| officer receiving the copies shall serve them by: |
| (i) Handing them to the defendant; or |
| (ii) Serving them at the defendant's dwelling unit to a person of suitable age and discretion |
| then residing therein; or |
| (iii) If none be found, by posting them conspicuously on the door to defendant's dwelling |
| unit. |
| (2) The deputy sheriff or constable serving the summons and complaint shall make proof |
| of service on the original summons and shall file it with the clerk of the appropriate court at or |
| before the time of the hearing. The proof of service shall show the manner and the day, hour, and |
| place of service, and shall show that the defendant was served no less than five (5) days before the |
| hearing. |
| (b) In all actions pursuant to this chapter other than for nonpayment of rent, the procedure |
| shall be as follows: |
| (1) The summons for eviction actions pursuant to §§ 34-18-36 and 34-18-38 shall be in the |
| form provided in § 34-18-56(h). A blank answer, in the form provided in § 34-18-56(j) shall be |
| served together with this summons. |
| (2) The summons in all other actions pursuant to this chapter shall be in the form provided |
| in § 34-18-56(i). Service shall be made pursuant to Rule 4 of the district court civil rules, or other |
| appropriate rule of court. |
| (c) If a landlord or tenant is not a resident of this state or is a corporation not authorized to |
| do business in this state and engages in any conduct in this state governed by this chapter, or |
| engages in a transaction subject to this chapter, he or she may designate an agent upon whom |
| service of process may be made in this state. The agent shall be a resident of this state or a |
| corporation authorized to do business in this state. The designation shall be in writing and filed |
| with the secretary of state. If no designation is made and filed or if the process cannot be served in |
| this state upon the designated agent, process may be served upon the secretary of state, but service |
| upon the secretary of state is not effective unless the plaintiff or petitioner forthwith mails a copy |
| of the process and pleading by registered or certified mail to the defendant or respondent at his or |
| her last reasonably ascertainable address. An affidavit of compliance with this subsection shall be |
| filed with the clerk of the court on or before the return day of the process, if any, or within any |
| further time the court allows. |
| (d) If at time of hearing it appears that the clerk failed to provide mail service as required |
| by subsection (a), or that the mailed service was undeliverable, service shall nevertheless be |
| deemed complete if proof of service reflects that service was accomplished in accordance with |
| subsection (a)(1)(i) or (ii) of this section. If mailed service was defective and the tenant was |
| prejudiced by shorter notice of the hearing, the tenant may seek the benefits of § 34-18-35(d) for |
| late filing of discovery, if justice requires. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005625/SUB B |
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