2021 -- H 6087 | |
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LC002282 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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Introduced By: Representatives Fellela, Noret, and McLaughlin | |
Date Introduced: March 03, 2021 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-56. Notices and complaint forms. |
4 | (a) A notice in substantially the following language shall suffice for the purpose of giving |
5 | a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant |
6 | to § 34-18-35: |
7 | FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT |
8 | R.I.G.L. 34-18-35 |
9 | Date of Mailing: _____________________ |
10 | TO: __________________________ |
11 | (tenant) |
12 | _____________________________ |
13 | _____________________________ |
14 | You are now more than fifteen days in arrears for some or all of the rent owed under your |
15 | rental agreement. State law requires that you be sent this Notice of arrearage. |
16 | Unless you make payment of all rent in arrears within five days of the date this notice was |
17 | mailed to you, an eviction action may be instituted in court against you. You can prevent the |
18 | eviction by paying all rent owing within five days of the mailing of this notice. |
19 | If you believe you have a legal reason for not paying this rent, you will be able to present |
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1 | that defense at the eviction hearing. The rent in arrears as of the above date is $_____________. |
2 | __________________________ |
3 | ________ |
4 | (signature) |
5 | __________________________ |
6 | ________ |
7 | __________________________ |
8 | ________ |
9 | (name and address of land- |
10 | lord/owner) |
11 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
12 | addressed to the tenant, on the ________ day of ________________________, 19______. |
13 | __________________________ |
14 | ________ |
15 | (landlord or owner |
16 | signature) |
17 | (b) A notice in substantially the following language shall suffice for the purpose of giving |
18 | a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: |
19 | NOTICE OF NONCOMPLIANCE |
20 | R.I.G.L. 34-18-36 |
21 | Date of Mailing: ____________________ |
22 | TO: __________________________ |
23 | (tenant) |
24 | _____________________________ |
25 | _____________________________ |
26 | (address) |
27 | You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18- |
28 | 24, because you: |
29 |
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30 |
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31 |
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32 | (provide details) |
33 | To remedy this situation you must do the following within twenty days of the date of |
34 | mailing of this Notice: |
| LC002282 - Page 2 of 17 |
1 |
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2 |
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3 |
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4 | If you do not remedy this situation within twenty days, your rental agreement will terminate |
5 | without further notice on __________ (date, which must be not less than twenty-one days from the |
6 | date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your |
7 | noncompliance if this is the second notice on the same subject within the past six months.) After |
8 | that date an eviction case may begin in court, and you may be served with a complaint. You will |
9 | have the right to a hearing and to present any defenses you believe you have. |
10 | __________________________ |
11 | ________ |
12 | (signature) |
13 | __________________________ |
14 | ________ |
15 | __________________________ |
16 | ________ |
17 | (name and address of land- |
18 | lord/owner) |
19 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
20 | addressed to the tenant, on the ________ day of ________________________, 1920______. |
21 | __________________________ |
22 | ________ |
23 | (landlord or owner |
24 | signature) |
25 | (c) A notice in substantially the following language shall suffice for the purpose of giving |
26 | a tenant notice of termination of tenancy pursuant to § 34-18-37: |
27 | NOTICE OF TERMINATION OF TENANCY |
28 | R.I.G.L. 34-18-37 |
29 | Date of Mailing: _______________________ |
30 | TO: _________________________ |
31 | (tenant) |
32 | _____________________________ |
33 | _____________________________ |
34 | (address) |
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1 | You are hereby directed to vacate and remove your property and personal possessions from |
2 | the premises located at __________________________________ and deliver control of the |
3 | premises to the |
4 | (address of premises) |
5 | landlord/owner on the first day after the end of your current rental period, namely |
6 | ____________________. |
7 | (insert |
8 | date) |
9 | This notice is given for the purpose of terminating your tenancy. You must continue to pay |
10 | rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment |
11 | eviction action may be instituted against you. |
12 | If you fail to vacate the premises by the date specified, an eviction may be instituted against |
13 | you without further notice. If you believe you have a defense to this termination, you will be able |
14 | to raise that defense at the court hearing. |
15 | __________________________ |
16 | ________ |
17 | (signature) |
18 | __________________________ |
19 | ________ |
20 | __________________________ |
21 | ________ |
22 | (name and address of land- |
23 | lord/owner) |
24 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
25 | addressed to the tenant, on the ________ day of ________________________, 1920______. |
26 | __________________________ |
27 | ________ |
28 | (landlord or owner |
29 | signature) |
30 | (d) A complaint in substantially the following language shall suffice for the purpose of |
31 | commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: |
32 | State of Rhode Island and Providence Plantations |
33 | _______________________, Sc. DISTRICT |
34 | COURT |
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1 | ____________________________ _____________ |
2 | DIVISION |
3 | PLAINTIFF DEFENDANT |
4 | ____________________________ |
5 | __________________________ |
6 | ________ |
7 | (Landlord's Name) (Tenant's Name) |
8 | V |
9 | __________________________________ |
10 | __________________________ |
11 | ________ |
12 | __________________________________ |
13 | __________________________ |
14 | ________ |
15 | __________________________________ |
16 | __________________________ |
17 | ________ |
18 | (address) (address of rental premises) |
19 | COMPLAINT FOR EVICTION |
20 | FOR NONPAYMENT OF RENT |
21 | R.I.G.L. 34-18-35 |
22 | 1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant |
23 | Tenant currently resides. |
24 | 2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from |
25 | the defendant. The rent is $__________ per __________, and the amount in arrears is $________ |
26 | as of the __________ day of __________, 1920____. |
27 | (month) |
28 | 3. Plaintiff has served the five-day demand notice as required by law, and a copy of that |
29 | notice is attached to this complaint. The notice was mailed to the defendant on the __________ day |
30 | of ________, 1920____. |
31 | 4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either |
32 | before or after the demand notice. Defendant remains in possession of the rental premises. |
33 | WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the |
34 | premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. |
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1 | __________________________ |
2 | ________ |
3 | (Name & address of |
4 | landlord/owner |
5 | or attorney for landlord) |
6 | __________________________ |
7 | ________ |
8 | Date complaint filed with clerk __________________ |
9 | (e) A complaint in substantially the following language shall suffice for the purpose of |
10 | commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18- |
11 | 36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy |
12 | pursuant to § 34-18-38: |
13 | STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS |
14 | _______________________, Sc. DISTRICT |
15 | COURT |
16 | ____________________________ _____________ |
17 | DIVISION |
18 | PLAINTIFF DEFENDANT |
19 | ____________________________ |
20 | __________________________ |
21 | ________ |
22 | (Landlord's Name) (Tenant's Name) |
23 | V |
24 | __________________________________ |
25 | __________________________ |
26 | ________ |
27 | __________________________________ |
28 | __________________________ |
29 | ________ |
30 | (address) (address of rental |
31 | premises) |
32 | COMPLAINT FOR EVICTION |
33 | FOR REASON OTHER THAN |
34 | NONPAYMENT OF RENT |
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1 | R.I.G.L. 34-18-36 |
2 | R.I.G.L. 34-18-38 |
3 | 1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant |
4 | Tenant(s) resides. |
5 | 2. CHECK ONE: |
6 | ____ Defendant breached the tenant's obligations under the rented agreement or § 34-18- |
7 | 24 as set forth in the attached copy of the notice of noncompliance which was mailed to the |
8 | defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required |
9 | notice of noncompliance.) |
10 | ____ Defendant has remained in possession of the rented premises following the period set |
11 | forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff |
12 | must attach copy of required termination notice.) |
13 | ____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10). |
14 | 3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of |
15 |
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16 | for |
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18 |
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19 |
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20 | (explain basis for money claim) |
21 | Plaintiff seeks costs and fees (if applicable). |
22 | __________________________ |
23 | ________ |
24 | (Signature of Landlord/Owner or |
25 | Attorney) |
26 | __________________________ |
27 | ________ |
28 | Date complaint filed with clerk __________ |
29 | (f) A complaint in substantially the following language, or in similar language, shall be |
30 | sufficient for use by landlords or by tenants to bring any claims or causes of action other than |
31 | eviction actions: |
32 | NOT FOR EVICTION |
33 | State of Rhode Island and Providence Plantations |
34 | _______________________, Sc. DISTRICT |
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1 | COURT |
2 | ____________________________ _____________ |
3 | DIVISION |
4 | PLAINTIFF DEFENDANT |
5 | ____________________________ |
6 | __________________________ |
7 | ________ |
8 | (Name) (Name) |
9 | V |
10 | __________________________________ |
11 | __________________________ |
12 | ________ |
13 | __________________________________ |
14 | __________________________ |
15 | ________ |
16 | __________________________________ |
17 | __________________________ |
18 | ________ |
19 | (address) (address of rental |
20 | premises) |
21 | LANDLORD-TENANT COMPLAINT |
22 | (NOT FOR USE IN EVICTIONS) |
23 | 1.Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises |
24 | at. |
25 | (address of rental premises) |
26 | 2. Defendant is the ____ Tenant ____ Landlord/Owner. |
27 | 3. Plaintiff claims that defendant has breached the obligations of the rental agreement or |
28 | law in relation to this landlord-tenant relationship, as follows: |
29 |
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30 |
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31 |
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32 | (brief description of claim, attach extra sheet, if necessary) |
33 | 4. Plaintiff seeks the following judgment or relief from the Court: |
34 |
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1 |
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2 |
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3 | Date Complaint Filed |
4 | __________________________ |
5 | ________ |
6 | With Clerk: __________ (Signature of plaintiff or |
7 | plaintiff's |
8 | attorney) |
9 | __________________________ |
10 | ________ |
11 | (address) |
12 | (g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 |
13 | shall be in substantially the following form: |
14 | STATE OF RHODE ISLAND |
15 | DISTRICT COURT |
16 | SU |
17 | MMONS |
18 | EVICTION-NONPAYMENT OF RENT |
19 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
20 | Address of Court: |
21 | __________________________________ |
22 | __________________________ |
23 | ________ |
24 | __________________________________ |
25 | __________________________ |
26 | ________ |
27 | __________________________________ |
28 | __________________________ |
29 | ________ |
30 | (name & address of plaintiff landlord) (name & address of |
31 | defendant-tenant) |
32 | TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If |
33 | you do nothing, you will lose by default and be evicted. If you claim any defense, you must |
34 | complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You |
| LC002282 - Page 9 of 17 |
1 | should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. |
2 | on the hearing date, at the court address listed above. You should go to the hearing or you may lose |
3 | by default. If you think the case is "settled," you should still go to the hearing to make sure the |
4 | settlement is in the court record. |
5 | YOUR HEARING DATE IS: ________________________________. |
6 | (Proof of Service on next page) |
7 | ________________________________________ |
8 | PROOF OF SERVICE |
9 | I hereby certify that I served a copy of the Complaint and Summons & Answer upon the |
10 | defendant(s) by delivering or leaving said papers in the following manner: |
11 | ______ to the defendant personally; or |
12 | ______ at his or her dwelling unit or usual place of abode |
13 | at the |
14 | address listed below with a person of suitable age |
15 | then |
16 | residing therein; or |
17 | ______ if none be found, by posting conspicuously on the |
18 | door |
19 | to the defendant's dwelling unit. |
20 | ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: |
21 |
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22 | NAME OF PERSON OF SUITABLE AGE: |
23 | SERVICE DATE: |
24 | DEPUTY SHERIFF/CONSTABLE: |
25 |
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26 | CERTIFICATE OF SERVICE |
27 | I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. |
28 | Mail, postage prepaid, on the __________________ day of ________________, 1920____, |
29 | addressed to defendant at the following address: |
30 | ________________________________________________. |
31 | __________________________ |
32 | ________ |
33 | (Signature of ____________ |
34 | Clerk) |
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1 | (h) The summons in an action for eviction for noncompliance with the rental agreement |
2 | pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy |
3 | pursuant to § 34-18-38, shall be in substantially the following form: |
4 | State of Rhode Island |
5 | District Court |
6 | Summons |
7 | EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT |
8 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
9 | Address of Court: |
10 | __________________________________ |
11 | __________________________ |
12 | ________ |
13 | V |
14 | __________________________________ |
15 | __________________________ |
16 | ________ |
17 | __________________________________ |
18 | __________________________ |
19 | ________ |
20 | (name & address of plaintiff landlord) (name & address of defendant- |
21 | tenant) |
22 | TO THE TENANT: You are served with an eviction complaint for noncompliance with |
23 | rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration |
24 | of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you |
25 | claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk |
26 | within TWENTY (20) days after you are served with this summons and complaint. You should also |
27 | mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed |
28 | ANSWER, then you will receive another written notice telling you when the hearing will be. If you |
29 | have any questions, you may consult a lawyer. If you think the case is "settled" you should still file |
30 | the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. |
31 | (Proof of Service on next page) |
32 | ________________________________________ |
33 | PROOF OF SERVICE |
34 | I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon |
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1 | the defendant(s) by delivering or leaving said papers in the following manner: |
2 | ____ to the defendant personally |
3 | ____ at his/her dwelling unit or usual place of abode at the address listed below, with a |
4 | person of suitable age then residing therein |
5 | ____ to an agent named below authorized by appointment or by law to receive service of |
6 | process |
7 | ____ further notice as required by law was given as noted below |
8 | Address of dwelling or usual place of abode: |
9 |
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10 | Name of person of suitable age or of agent: |
11 |
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12 | … If none be found, by posting conspicuously on the door to the defendant’s dwelling unit or usual |
13 | place of abode. |
14 | Service Date: ____________________ |
15 | Deputy Sheriff/Constable (circle one): |
16 | _________________________________ |
17 | _ |
18 | (signature) |
19 | CERTIFICATE OF SERVICE |
20 | I hereby certify that, on the …. day of …., 20…., I mailed a copy of this Summons, and |
21 | Complaint for Eviction for Reason Other than Nonpayment of Rent, blank Answer forms, and |
22 | Language Assistance Notice addressed to the Defendant/Tenant, at the address listed above. |
23 | Affiant__________________________ |
24 | (i) The summons in an action relating to any claims by tenants, or by landlords other than |
25 | for eviction, shall be in substantially the following form: |
26 | State of Rhode Island |
27 | District Court |
28 | Summons |
29 | ____________ ____________ |
30 | _____________________________ |
31 | DIVISION COUNTY CIVIL ACTION- |
32 | FILE NO. |
33 | _____________________________ |
34 | _____________________ |
| LC002282 - Page 12 of 17 |
1 | ________ |
2 | PLAINTIFF PLAINTIFF'S |
3 | ATTORNEY |
4 | __________________________ |
5 | ________ |
6 | ADDRESS |
7 | _________________ vs |
8 | DEFENDANT |
9 | __________________________ |
10 | ________ |
11 | DEFENDANT'S ADDRESS |
12 | ______________________________ |
13 | __________________________ |
14 | ________ |
15 | TO THE ABOVE-NAMED DEFENDANT: |
16 | You are hereby summoned and required to serve upon the plaintiff's attorney, whose name |
17 | and address appears above, an answer to the complaint which is herewith served upon you. Your |
18 | answer must be made within 20 days after service of this summons, excluding the date of service. |
19 | The original must be filed in writing with this court. If you fail to do so, judgment by default will |
20 | be taken against you for the relief demanded in the complaint. |
21 | ______________________________ |
22 | __________________________ |
23 | ________ |
24 | DATE CLERK |
25 | ______________________________ |
26 | __________________________ |
27 | ________ |
28 | SEAL OF THE DISTRICT COURT DATE |
29 | RECEIVED |
30 |
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31 | PROOF OF SERVICE |
32 | I hereby certify that on the date below I served a copy of this summons and a copy of the |
33 | complaint received herewith upon the above-named defendant by delivering or leaving said papers |
34 | in the following manner: |
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1 | □ to the defendant personally. |
2 | □ at his dwelling house or usual place of abode at the address entered |
3 | below, with a person of suitable age and discretion then residing therewith. |
4 | □ to an agent named below authorized by appointment or by law to receive |
5 | service of process. |
6 | □ Further notice as required by statute was given as noted on the reverse |
7 | side. |
8 |
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9 | Address of Dwelling or Usual Place of Abode |
10 |
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11 | Name of Authorized Agent or Person of Suitable Age |
12 | ______________________________ |
13 | __________________________ |
14 | ________ |
15 | Date Deputy Sheriff/Constable |
16 | ______________________________ |
17 | __________________________ |
18 | ________ |
19 | SERVICE FEE $________ |
20 | (j) The blank answer served in eviction actions shall be in substantially the following form: |
21 | State of Rhode Island and Providence Plantations |
22 | _______________________, Sc. DISTRICT |
23 | COURT |
24 | ____________________________ _____________ |
25 | DIVISION |
26 | PLAINTIFF DEFENDANT |
27 | ____________________________ |
28 | __________________________ |
29 | ________ |
30 | (Landlord's Name) (Tenant's Name) |
31 | V |
32 | __________________________________ |
33 | __________________________ |
34 | ________ |
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1 | __________________________________ |
2 | __________________________ |
3 | ________ |
4 | (address) (address of rental |
5 | premises) |
6 | INSTRUCTIONS TO THE DEFENDANT |
7 | Listed below are several possible defenses to the eviction action your landlord has filed |
8 | against you. If one or more of these defenses apply to your case, check the appropriate box(es). If |
9 | space is provided, write in facts in support of that defense. Use additional paper if necessary. Some |
10 | of these defenses are technical, and there may be others not listed here. You may consult a lawyer |
11 | and seek representation before filling out this Answer. |
12 | TENANT'S ANSWER |
13 | The complaint against me is untrue or fails to state the following facts: |
14 | I offered rent, but my landlord refused it. I am still able and willing to pay the rent. |
15 | I have a defense for nonpayment because the landlord has failed to maintain the premises |
16 | in a fit and habitable condition. |
17 | My rent has not been paid, but I have a legally justifiable defense for not paying: |
18 | I have a written lease which does not expire until: |
19 | I have not received the required notice from the landlord before this complaint was served |
20 | on me. |
21 | The landlord is trying to evict me because I have exercised my legal rights by calling code |
22 | enforcement officials, or by taking the following protected action: |
23 | I have other defenses as follow: |
24 | WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a |
25 | judgment in my favor and not order me to be evicted. |
26 | COUNTERCLAIM |
27 | Instructions: If you believe you are entitled to be awarded damages or money for any reason |
28 | from your landlord, you may fill out the statement below: |
29 | I hereby sue my landlord for the amount of $_____________. |
30 | I believe I am entitled to receive an award of this amount because |
31 |
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32 | __________________________________ |
33 | __________________________ |
34 | ________ |
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1 | Name of Defendant (or attorney) Signature of Defendant |
2 | ___________________________________ |
3 | Address |
4 | ___________________________________ |
5 | Telephone number |
6 | ___________________________________ |
7 | SECTION 2. This act shall take effect on January 1, 2022. |
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LC002282 | |
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| LC002282 - Page 16 of 17 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
*** | |
1 | This act would modify the summons for eviction for reasons other than nonpayment of rent |
2 | with the district court, to add a certificate of service section, and provide the option to post the |
3 | summons and complaint conspicuously on the door of the defendant/tenant's dwelling. |
4 | This act would take effect on January 1, 2022. |
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LC002282 | |
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