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2010 -- S 2214 | |
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LC00236 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2010 | |
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____________ | |
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A N A C T | |
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RELATING TO PROPERTY - RESIDENTIAL EVICTIONS | |
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Introduced By: Senator John J. Tassoni | |
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Date Introduced: February 09, 2010 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Sections 34-18-35 and 34-18-56 of the General Laws in Chapter 34-18 |
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entitled "Residential Landlord and Tenant Act" is hereby amended to read as follows: |
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34-18-35. Eviction for nonpayment of rent. -- (a) If any part of the stipulated rent is due |
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and in arrears for |
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substantially similar to that provided in section 34-18-56(a), specifying the amount of the rent |
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which is |
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that unless he or she cures the breach within five (5) days of the date of mailing of the notice, the |
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rental agreement shall terminate, and the landlord shall commence an eviction action in the |
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appropriate district court or housing court. |
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(b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears |
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within five (5) days of the date of mailing of the notice, the landlord may commence an eviction |
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action against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of |
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the written demand notice. The action shall be commenced by filing a "Complaint for Eviction |
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for Nonpayment of Rent" in the appropriate court in the form provided in section 34-18-56(d). |
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(c) The summons for eviction for nonpayment of rent shall specify the date for hearing |
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and be in the form provided in section 34-18-56(g). The summons shall specify that the defendant |
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may file and serve his or her answer prior to or at the time of hearing, and that if he or she fails to |
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answer or appear at the hearing, he or she shall be defaulted. |
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(d) If the defendant files his or her answer and commences discovery prior to the hearing, |
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and it appears, for good cause shown, that the defendant will not be able to conduct his or her |
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defense without the benefit of discovery, the court may continue the hearing to allow a reasonable |
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time for the completion of discovery. In the case of such a continuance, the court may, in its |
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discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending |
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hearing. Except as provided in this chapter, the landlord may recover possession and actual |
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damages. In cases where the tenant had received a demand notice pursuant to subsection (a) |
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within the six (6) months immediately preceding the filing of the action, and the tenant's |
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nonpayment was willful, the landlord may also recover a reasonable attorney's fee. |
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(e) The tenant shall have the right to cure his or her failure to pay rent by tendering the |
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full amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant |
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to subsection (a) of this section within the six (6) months immediately preceding the filing of the |
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action, the tenant shall have the right to cure his or her failure to pay rent after commencement of |
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suit by tendering the full amount of rent in arrears, together with court costs, at the time of |
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hearing. |
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34-18-56. Notices and complaint forms. -- (a) A notice in substantially the following |
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language shall suffice for the purpose of giving a tenant a five (5) day demand for payment of |
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rent prior to commencement of an eviction pursuant to section 34-18-35: |
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FIVE-DAY DEMAND NOTICE |
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FOR NONPAYMENT OF RENT |
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R.I.G.L. 34-18-35 |
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Date of Mailing: ________________ |
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TO: __________________________ |
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(tenant) |
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_____________________________ |
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_____________________________ |
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(rental address) |
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You are now more than |
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your rental agreement. State law requires that you be sent this Notice of arrearage. |
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Unless you make payment of all rent in arrears within five days of the date this notice |
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was mailed to you, an eviction action may be instituted in court against you. You can prevent the |
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eviction by paying all rent owing within five days of the mailing of this notice. |
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If you believe you have a legal reason for not paying this rent, you will be able to present |
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that defense at the eviction hearing. The rent in arrears as of the above date is $_____________. |
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__________________________ |
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(landlord or owner signature) |
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I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this |
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Notice, addressed to the tenant, on the ________ day of ___________, 19___. |
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___________________________ |
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(landlord or owner signature) |
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(b) A notice in substantially the following language shall suffice for the purpose of giving |
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a tenant a notice of noncompliance with the rental agreement pursuant to section 34-18-36: |
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NOTICE OF NONCOMPLIANCE |
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R.I.G.L. 34-18-36 |
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Date of Mailing: ________________ |
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TO: __________________________ |
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(tenant) |
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_____________________________ |
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_____________________________ |
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(address) |
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You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18- |
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24, because you: |
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____________________________________________________________________ |
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____________________________________________________________________ |
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__________________________________________________________________ |
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(provide details) |
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To remedy this situation you must do the following within twenty days of the date of |
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mailing of this Notice: |
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___________________________________________________________________ |
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____________________________________________________________________ |
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____________________________________________________________________ |
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If you do not remedy this situation within twenty days, your rental agreement will |
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terminate without further notice on __________ (date, which must be not less than twenty-one |
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days from the date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy |
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your noncompliance if this is the second notice on the same subject within the past six months.) |
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After that date an eviction case may begin in court, and you may be served with a complaint. You |
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will have the right to a hearing and to present any defenses you believe you have. |
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_____________________________ |
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(signature) |
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______________________________ |
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______________________________ |
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(name and address of land- lord/owner) |
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I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this |
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Notice, addressed to the tenant, on the _______ day of __________, 19___. |
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_____________________________ |
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(landlord or owner signature) |
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(c) A notice in substantially the following language shall suffice for the purpose of giving |
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a tenant notice of termination of tenancy pursuant to section 34-18-37: |
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NOTICE OF TERMINATION OF TENANCY |
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R.I.G.L. 34-18-37 |
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Date of Mailing: ________________ |
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TO: __________________________ |
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(tenant) |
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__________________________ |
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__________________________ |
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(address) |
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You are hereby directed to vacate and remove your property and personal possessions |
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from the premises located at ___________________________________________________ |
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(address of premises) |
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and deliver control of the premises to the landlord/owner on the first day after the end of your |
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current rental period, namely ____________. |
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(insert date) |
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This notice is given for the purpose of terminating your tenancy. You must continue to |
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pay rent as it becomes due until the date indicated above. If you fail to pay that rent, a |
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nonpayment eviction action may be instituted against you. |
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If you fail to vacate the premises by the date specified, an eviction may be instituted |
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against you without further notice. If you believe you have a defense to this termination, you will |
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be able to raise that defense at the court hearing. |
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____________________________ |
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(signature) |
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____________________________ |
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_____________________________ |
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(name and address of land- lord/owner) |
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I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this |
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Notice, addressed to the tenant, on the _______ day of _________, 19______. |
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_____________________________ |
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(landlord or owner signature) |
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(d) A complaint in substantially the following language shall suffice for the purpose of |
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commencing an eviction action for nonpayment of rent pursuant to section 34-18-35: |
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS |
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____________________, Sc. DISTRICT COURT |
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_______________________ _____________ DIVISION |
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PLAINTIFF DEFENDANT |
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______________________________ ______________________________ |
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(Landlord's Name) (Tenant's Name) |
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______________________________ V ______________________________ |
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______________________________ ______________________________ |
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______________________________ ______________________________ |
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(address) (address of rental premises) |
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COMPLAINT FOR EVICTION |
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FOR NONPAYMENT OF RENT |
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R.I.G.L. 34-18-35 |
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1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant |
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Tenant currently resides. |
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2. Defendant is more than |
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the defendant. The rent is $__________ per __________, and the amount in arrears is $________ |
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as of the __________ day of __________, 19____. |
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(month) |
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3. Plaintiff has served the five-day demand notice as required by law, and a copy of that notice is |
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attached to this complaint. The notice was mailed to the defendant on the __________ day of |
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________, 19____. |
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4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either before or |
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after the demand notice. Defendant remains in possession of the rental premises. |
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WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the premises |
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(eviction of the tenant) and for back rent in the amount of $______________, plus costs. |
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___________________________________________ |
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(Name & address of landlord/owner or attorney for landlord) |
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_____________________________________________ |
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Date complaint |
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filed with clerk __________ |
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(e) A complaint in substantially the following language shall suffice for the purpose of |
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commencing an eviction action for noncompliance with the rental agreement pursuant to section |
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34-18-36, or an eviction action for unlawfully holding over after expiration or termination of the |
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tenancy pursuant to section 34-18-38: |
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STATE OF RHODE ISLAND AND PROVIDENCE |
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PLANTATIONS |
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__________________, Sc. DISTRICT COURT |
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____________________________ _____________ DIVISION |
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PLAINTIFF DEFENDANT |
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______________________________ ______________________________ |
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(Landlord's Name) (Tenant's Name) |
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______________________________ V ______________________________ |
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______________________________ ______________________________ |
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(address) (address of rental premises) |
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COMPLAINT FOR EVICTION |
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FOR REASON OTHER THAN |
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NONPAYMENT OF RENT |
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R.I.G.L. 34-18-36 |
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R.I.G.L. 34-18-38 |
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1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant |
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Tenant(s) resides. |
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2. CHECK ONE: |
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____ Defendant breached the tenant's obligations under the rented agreement or section 34-18-24 |
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as set forth in the attached copy of the notice of noncompliance which was mailed to the |
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defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of |
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required notice of noncompliance.) |
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____ Defendant has remained in possession of the rented premises following the period set forth |
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in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff must |
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attach copy of required termination notice.) |
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____ Defendant breached the tenants' obligations under section 34-18-24(8), (9) or (10). |
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3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of |
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_____________________________for_________________________________________ |
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________________________________________________________________________ |
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_________________________________________________________________________ |
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_________________________________________________________________________ |
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(explain basis for money claim) |
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Plaintiff seeks costs and fees (if applicable). |
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___________________________________ |
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(Signature of Landlord/Owner or Attorney) |
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_____________________________________ |
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Date complaint filed |
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with clerk __________ |
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(f) A complaint in substantially the following language, or in similar language, shall be |
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sufficient for use by landlords or by tenants to bring any claims or causes of action other than |
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eviction actions: |
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NOT FOR EVICTION |
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS |
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____________________, Sc. DISTRICT COURT |
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______________________________ _____________DIVISION |
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PLAINTIFF DEFENDANT |
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______________________________ ______________________________ |
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(Name) (Name) |
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______________________________ V ______________________________ |
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______________________________ ______________________________ |
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______________________________ ______________________________ |
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(address) (address of rental premises) |
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LANDLORD-TENANT COMPLAINT |
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(NOT FOR USE IN EVICTIONS) |
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1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises at |
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______________________________________________________________________________. |
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(address of rental premises) |
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2. Defendant is the ____ Tenant ____ Landlord/Owner. |
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3. Plaintiff claims that defendant has breached the obligations of the rental agreement or |
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law in relation to this landlord-tenant relationship, as follows: |
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______________________________________________________________________________ |
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______________________________________________________________________________ |
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______________________________________________________________________________ |
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(brief description of claim, attach extra sheet, if necessary) |
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4. Plaintiff seeks the following judgment or relief from the Court: |
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______________________________________________________________________________ |
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______________________________________________________________________________ |
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______________________________________________________________________________ |
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Date Complaint Filed |
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With Clerk: __________ _______________________________________ |
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(Signature of plaintiff or plaintiff's attorney) |
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_______________________________________ |
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(address) |
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(g) The summons in an action for eviction for nonpayment of rent pursuant to section 34-18-35 |
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shall be in substantially the following form: |
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STATE OF RHODE ISLAND |
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DISTRICT COURT SUMMONS |
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EVICTION-NONPAYMENT OF RENT |
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DIVISION COUNTY CIVIL ACTION-FILE NO. |
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Address of Court: |
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___________________________________ ______________________________________ |
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___________________________________ ______________________________________ |
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___________________________________ ______________________________________ |
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(name & address of plaintiff-landlord) (name & address of defendant-tenant) |
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TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If you do |
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nothing, you will lose by default and be evicted. If you claim any defense, you must complete the |
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enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You should also |
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mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. on the |
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hearing date, at the court address listed above. You should go to the hearing or you may lose by |
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default. If you think the case is "settled," you should still go to the hearing to make sure the |
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settlement is in the court record. |
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YOUR HEARING DATE IS: ________________________________. |
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(Proof of Service on next page) |
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________________________________________ |
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PROOF OF SERVICE |
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I hereby certify that I served a copy of the Complaint and Summons & Answer upon the |
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defendant(s) by delivering or leaving said papers in the following manner: |
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______ to the defendant personally; or |
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______ at his or her dwelling unit or usual place of abode at the address listed below with a |
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person of suitable age then residing therein; or |
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______ if none be found, by posting conspicuously on the door to the defendant's dwelling unit. |
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ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: |
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______________________________________________________________________________ |
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NAME OF PERSON OF SUITABLE AGE: |
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______________________________________________________________________________ |
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SERVICE DATE: _______________________________________________________________ |
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DEPUTY SHERIFF/CONSTABLE: ________________________________________________ |
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______________________________________________________________________________ |
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CERTIFICATE OF SERVICE |
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I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. |
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Mail, postage prepaid, on the ___________ day of __________, 19____, addressed to defendant |
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at the following address: |
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______________________________________________________________________________. |
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________________________________________ |
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(Signature of ____________ Clerk) |
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(h) The summons in an action for eviction for noncompliance with the rental agreement pursuant |
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to section 34-18-36, or for unlawfully holding over after termination or expiration of tenancy |
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pursuant to section 34-18-38, shall be in substantially the following form: |
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STATE OF RHODE ISLAND |
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DISTRICT COURT SUMMONS |
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EVICTION FOR REASON OTHER THAN NONPAYMENT OF |
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RENT |
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DIVISION COUNTY CIVIL ACTION-FILE NO. |
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__________________ ________________ |
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Address of Court: |
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________________________________ _______________________________________ |
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________________________________ V _______________________________________ |
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________________________________ _______________________________________ |
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(name & address of plaintiff-landlord) (name & address of defendant-tenant) |
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TO THE TENANT: You are served with an eviction complaint for noncompliance with |
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rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or |
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expiration of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be |
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evicted. If you claim any defense, you must complete the enclosed ANSWER and file it with the |
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Court Clerk within TWENTY (20) days after you are served with this summons and complaint. |
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You should also mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file |
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the enclosed ANSWER, then you will receive another written notice telling you when the hearing |
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will be. If you have any questions, you may consult a lawyer. If you think the case is "settled" |
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you should still file the enclosed ANSWER or be sure that the written settlement is in the file at |
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the Clerk's office. |
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(Proof of Service on next page) |
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________________________________________ |
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PROOF OF SERVICE |
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I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon |
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the defendant(s) by delivering or leaving said papers in the following manner: |
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____ to the defendant personally ____ |
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at his/her dwelling unit or usual place of abode at the address listed below, with a person of |
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suitable age then residing therein |
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____ to an agent named below authorized by appointment or by law to receive service of process |
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____ further notice as required by law was given as noted below |
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Address of dwelling or usual place of abode: |
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______________________________________________________________________________ |
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Name of person of suitable age or of agent: |
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Service Date: __________________ |
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Deputy Sheriff/Constable (circle one): |
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______________________________ |
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(signature) |
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(i) The summons in an action relating to any claims by tenants, or by landlords other than for |
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eviction, shall be in substantially the following form: |
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9-8 |
STATE OF RHODE ISLAND |
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9-9 |
DISTRICT COURT SUMMONS |
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9-10 |
________________ _________________ _________________________________ |
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DIVISION COUNTY CIVIL ACTION-FILE NO. |
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9-12 |
_____________________________ ___________________________________________ |
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PLAINTIFF PLAINTIFF'S ATTORNEY |
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___________________________________________ |
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9-15 |
ADDRESS |
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______________ vs ____________ |
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DEFENDANT |
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___________________________________________ |
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DEFENDANT'S ADDRESS |
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______________________________ ___________________________________________ |
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TO THE ABOVE-NAMED DEFENDANT: |
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You are hereby summoned and required to serve upon the plaintiff's attorney, whose |
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9-23 |
name and address appears above, an answer to the complaint which is herewith served upon you. |
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9-24 |
Your answer must be made within 20 days after service of this summons, excluding the date of |
|
9-25 |
service. The original must be filed in writing with this court. If you fail to do so, judgment by |
|
9-26 |
default will be taken against you for the relief demanded in the complaint. |
|
9-27 |
______________________________ _________________________________________ |
|
9-28 |
DATE CLERK |
|
9-29 |
______________________________ ________________________________________ |
|
9-30 |
SEAL OF THE DISTRICT COURT DATE RECEIVED |
|
9-31 |
______________________________________________________________________________ |
|
9-32 |
PROOF OF SERVICE |
|
9-33 |
I hereby certify that on the date below I served a copy of this summons and a copy of the |
|
9-34 |
complaint received herewith upon the above-named defendant by delivering or leaving said |
|
9-35 |
papers in the following manner: |
|
9-36 |
_______to the defendant personally. |
|
9-37 |
_______at his dwelling house or usual place of abode at the address entered below, with a person |
|
9-38 |
of suitable age and discretion then residing therewith. |
|
9-39 |
_______to an agent named below authorized by appoint- ment or by law to receive service of |
|
9-40 |
process. |
|
9-41 |
_______Further notice as required by statute was given as noted on the reverse side. |
|
9-42 |
______________________________________________________________________________ |
|
9-43 |
Address of Dwelling or Usual Place of Abode |
|
9-44 |
______________________________________________________________________________ |
|
9-45 |
Name of Authorized Agent or Person of Suitable Age |
|
9-46 |
______________________________ ________________________________ |
|
9-47 |
Date Deputy Sheriff/Constable |
|
9-48 |
______________________________ ________________________________ |
|
10-1 |
SERVICE FEE $________ |
|
10-2 |
(j) The blank answer served in eviction actions shall be in substantially the following form: |
|
10-3 |
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS |
|
10-4 |
____________________, Sc. DISTRICT COURT |
|
10-5 |
______________________________ _____________ DIVISION |
|
10-6 |
PLAINTIFF DEFENDANT |
|
10-7 |
______________________________ ___________________________________________ |
|
10-8 |
(Landlord's Name) (Tenant's Name) |
|
10-9 |
V |
|
10-10 |
______________________________ _____________________________________________ |
|
10-11 |
(address) (address of rental premises) |
|
10-12 |
INSTRUCTIONS TO THE DEFENDANT |
|
10-13 |
Listed below are several possible defenses to the eviction action your landlord has filed |
|
10-14 |
against you. If one or more of these defenses apply to your case, check the appropriate box(es). If |
|
10-15 |
space is provided, write in facts in support of that defense. Use additional paper if necessary. |
|
10-16 |
Some of these defenses are technical, and there may be others not listed here. You may consult a |
|
10-17 |
lawyer and seek representation before filling out this Answer. |
|
10-18 |
TENANT'S ANSWER |
|
10-19 |
( ) The complaint against me is untrue or fails to state the following facts: |
|
10-20 |
( )I offered rent, but my landlord refused it. I am still able and willing to pay the rent. I |
|
10-21 |
( ) I have a defense for nonpayment because the landlord has failed to maintain the premises in a |
|
10-22 |
fit and habitable condition. |
|
10-23 |
( ) My rent has not been paid, but I have a legally justifiable defense for not paying: |
|
10-24 |
( ) I have a written lease which does not expire until: |
|
10-25 |
( ) I have not received the required notice from the landlord before this complaint was served on |
|
10-26 |
me. |
|
10-27 |
( ) The landlord is trying to evict me because I have exercised my legal rights by calling code |
|
10-28 |
enforcement officials, or by taking the following protected action: |
|
10-29 |
( ) I have other defenses as follow: |
|
10-30 |
WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a |
|
10-31 |
judgment in my favor and not order me to be evicted. |
|
10-32 |
COUNTERCLAIM |
|
10-33 |
Instructions: If you believe you are entitled to be awarded damages or money for any |
|
10-34 |
reason from your landlord, you may fill out the statement below: |
|
10-35 |
I hereby sue my landlord for the amount of $_____________. |
|
10-36 |
I believe I am entitled to receive an award of this amount because |
|
10-37 |
______________________________________________________________________________ |
|
11-1 |
___________________________________ _____________________________________ |
|
11-2 |
Name of Defendant (or attorney) Signature of Defendant |
|
11-3 |
___________________________________ |
|
11-4 |
___________________________________ |
|
11-5 |
Address |
|
11-6 |
________________________________ |
|
11-7 |
Telephone number |
|
| |
|
11-9 |
SECTION 2. Section 34-18-50 of the General Laws in Chapter 34-18 entitled "Residential |
|
11-10 |
Landlord and Tenant Act" is hereby amended to read as follows: |
|
11-11 |
|
|
11-12 |
|
|
11-13 |
|
|
11-14 |
|
|
11-15 |
|
|
11-16 |
|
|
11-17 |
|
|
11-18 |
|
|
11-19 |
|
|
11-20 |
|
|
11-21 |
|
|
11-22 |
SECTION 3. Chapter 34-18-48.1 in Chapter 34-18 of the General Laws entitled |
|
11-23 |
"Residential Landlord and Tenant Act" is hereby amended by adding thereto the following |
|
11-24 |
section: |
|
11-25 |
34-18-48.1. Service of Possession Execution -. – Notwithstanding any general or public |
|
11-26 |
law to the contrary, all executions for possession, issued pursuant to this chapter, shall be served |
|
11-27 |
as soon as possible. Tenants, who continue to remain on the premises, after they have been served |
|
11-28 |
with an execution for possession, shall be deemed criminal trespassers in violation of section 11- |
|
11-29 |
44-26. Any possessions of the tenant(s) that remain on the premises, after service of a possession |
|
11-30 |
execution shall be deemed forfeited and subject to be removed by the landlord, without the |
|
11-31 |
assistance of a constable or sheriff and without the need to be stored. |
|
11-32 |
SECTION 4. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00236 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO PROPERTY - RESIDENTIAL EVICTIONS | |
|
*** | |
|
12-1 |
This act would allow a landlord who has a tenant that is more than ten (10) days in |
|
12-2 |
arrears in rent, as opposed to the current fifteen (15) days, to send a letter to the tenant giving |
|
12-3 |
them five (5) more days to pay their rent before filing a complaint for eviction. It would abolish |
|
12-4 |
the landlord’s current obligation to physically remove tenants and store their possessions, after |
|
12-5 |
they have been served by a court possession execution by a sheriff or constable. |
|
12-6 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00236 | |
|
======= |