| Chapter 410 |
| 2024 -- S 2407 SUBSTITUTE A Enacted 06/28/2024 |
| A N A C T |
| RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
Introduced By: Senators Bell, Bissaillon, Murray, Cano, Kallman, Valverde, Mack, Ujifusa, Gu, and Lawson |
| Date Introduced: February 12, 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. |
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| LC003575/SUB A |
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