Chapter 409 |
2024 -- H 7162 SUBSTITUTE A Enacted 06/28/2024 |
A N A C T |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
Introduced By: Representatives J. Lombardi, Hull, Ajello, Felix, Morales, Henries, Stewart, Alzate, and Cruz |
Date Introduced: January 11, 2024 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 34-18-38 of the General Laws in Chapter 34-18 entitled "Residential |
Landlord and Tenant Act" is hereby amended to read as follows: |
34-18-38. Eviction for unlawfully holding over after termination or expiration of |
tenancy. |
(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 their answer to the |
complaint, and that if he or she the tenant fails to file his or her their answer within that time, he |
or she the tenant 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 the landlord, 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. |
(d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories |
to the rental agreement living within the dwelling unit, the deceased's live-in caregiver or any other |
person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to |
continue the rental agreement for a period of time known as the post-death rental grace period. Any |
such person residing in the dwelling unit who chooses to continue the rental agreement shall be |
known as the grace period temporary tenant. The following conditions shall apply: |
(1) The grace period temporary tenant shall pay the agreed rent set forth in the rental |
agreement and assume all other obligations of the tenant pursuant to the terms of the existing rental |
agreement. |
(2) If the landlord objects to assigning grace period temporary tenant status by contesting |
whether the person was, in fact, residing in the unit, such person shall have the burden of proving |
that they were, in fact, residing in the unit. |
(i) The following items shall be accepted as evidence of residing in the unit: |
(A) A current voter registration at the address in question; |
(B) An official state identification card or motor vehicle license; |
(C) A utility bill in the person’s name indicating that the person resides at the address; |
(D) A payroll check with the tenant’s name and address of residence; |
(E) A letter issued by a state or federal agency; |
(F) An insurance policy or associated documentation; |
(G) A jury duty summons; |
(H) A W-2 form or other tax document; |
(I) An installment loan contract; |
(J) A social security administration statement; |
(K) A pension or retirement account statement; |
(L) An affidavit signed under penalty of perjury indicating that the person does, in fact, |
reside in the unit; or |
(M) Any other form of evidence that the department of housing may establish as sufficient |
through rule or regulation. |
(ii) Even if the person seeking grace period temporary tenant status shall present sufficient |
evidence to satisfy the requirements of subsection (d)(2)(i) of this section, the landlord shall have |
the right to present evidence to the district court to rebut the claim that the person seeking grace |
period temporary tenant status does, in fact, reside in the unit. |
(3) The grace period temporary tenant may terminate the post-death rental grace period at |
any time; provided, however, that the termination of the post-death rental grace period shall not be |
construed to relieve the grace period temporary tenant from any obligations incurred under the |
rental agreement during the duration of the post-death rental grace period. |
(4) The length of the post-death rental grace period shall be three (3) months or the |
remaining term of the rental agreement, whichever is shorter, unless the grace period temporary |
tenant chooses a shorter period, or the landlord and the grace period temporary tenant mutually |
agree on a longer period. The post-death rental grace period shall commence upon the death of the |
leaseholder. |
(5) Rent due for part of a month shall be prorated. |
(6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or |
any other person residing in the dwelling unit to continue the rental agreement or assume any |
obligations of the rental agreement. |
(7) Nothing in this section shall be construed to restrict the ability of the landlord and |
dwelling unit resident(s) to enter into a new mutually agreeable rental agreement. |
(8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the |
estate of the deceased tenant. |
(9) Nothing in this section shall be construed to convey any civil or criminal liability on |
the grace period temporary tenant for any actions of the deceased tenant. |
(10) The landlord shall have the right to deduct damages to the dwelling unit incurred by |
the deceased tenant or the grace period temporary tenant from a preexisting security deposit, |
pursuant to the terms of the rental agreement, provided, however, the landlord shall not have the |
right to require an additional security deposit from the grace period temporary tenant. If the duration |
of the post-death rental grace period exceeds one month, then the balance of the security deposit, |
net of damages deducted pursuant to § 34-18-19, shall be allocated to the grace period temporary |
tenant. If the duration of the post-death rental grace period does not exceed one month, then the |
balance of the security deposit, net of damages deducted pursuant to § 34-18-19, shall be allocated |
to the estate of the deceased tenant. |
(11) If multiple eligible residents of the dwelling unit separately elect to become grace |
period temporary tenants, they shall be responsible for all obligations of the rental agreement, |
including rent, on a joint and several basis. |
(12) If an eligible resident of the dwelling unit continues to reside within the rental unit for |
more than seven (7) days after the death of the deceased tenant, they shall be assumed to have |
elected to become a grace period temporary tenant. |
(13) If there is an ongoing eviction for noncompliance with the rental agreement pursuant |
to § 34-18-36, the matter shall be permitted to continue as it relates to noncompliance with the |
rental agreement by the grace period temporary tenant. |
SECTION 2. This act shall take effect upon passage. |
======== |
LC003389/SUB A |
======== |