2024 -- S 2407 | |
======== | |
LC003575 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
| |
Introduced By: Senators Bell, Bissaillon, Murray, Cano, Kallman, Valverde, Mack, | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-38 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-38. Eviction for unlawfully holding over after termination or expiration of |
4 | tenancy. |
5 | (a) If the tenant remains in possession without the landlord’s consent after expiration of the |
6 | term of the rental agreement or after the termination of a periodic tenancy, the landlord may |
7 | commence an eviction action, which may be filed no earlier than the first day following the |
8 | expiration or termination of the tenancy. The action shall be commenced by filing a “Complaint for |
9 | Eviction for Reason Other Than for Nonpayment of Rent,” which shall be filed in the appropriate |
10 | court according to the form provided in § 34-18-56(e). |
11 | (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the |
12 | tenant has twenty (20) days from the date of service in which to file his or her answer to the |
13 | complaint, and that if he or she fails to file his or her answer within that time, he or she will be |
14 | defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the |
15 | appropriate court. |
16 | (c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover, |
17 | in addition to possession, an amount not more than three (3) months’ periodic rent or threefold the |
18 | actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees. If the |
19 | landlord consents to the tenant’s occupancy, the parties may agree to a definite term. If no term is |
| |
1 | specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and in all |
2 | other cases, month-to-month. |
3 | (d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories |
4 | to the rental agreement living within the dwelling unit, the deceased's live-in caregiver or any other |
5 | person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to |
6 | continue the rental agreement for a period of time known as the post-death rental grace period. Any |
7 | such person residing in the dwelling unit who chooses to continue the rental agreement shall be |
8 | known as the grace period temporary tenant. The following conditions shall apply: |
9 | (1) The grace period temporary tenant shall pay the agreed rent set forth in the rental |
10 | agreement and assume all other obligations of the tenant pursuant to the terms of the existing rental |
11 | agreement. |
12 | (2) If the landlord objects to assigning grace period temporary tenant status by contesting |
13 | whether the person was, in fact, residing in the unit, such person shall have the burden of proving |
14 | that they were, in fact, residing in the unit. |
15 | (i) The following items shall be accepted as evidence of residing in the unit: |
16 | (A) A current voter registration at the address in question; |
17 | (B) An official state identification card or motor vehicle license; |
18 | (C) A utility bill in the person’s name indicating that the person resides at the address; |
19 | (D) A payroll check with the tenant’s name and address of residence; |
20 | (E) A letter issued by a state or federal agency; |
21 | (F) An insurance policy or associated documentation; |
22 | (G) A jury duty summons; |
23 | (H) A W-2 form or other tax document; |
24 | (I) An installment loan contract; |
25 | (J) A social security administration statement; |
26 | (K) A pension or retirement account statement; |
27 | (L) An affidavit signed under penalty of perjury indicating that the person does, in fact, |
28 | reside in the unit; or |
29 | (M) Any other form of evidence that the department of housing may establish as sufficient |
30 | through rule or regulation. |
31 | (ii) Even if the person seeking grace period temporary tenant status shall present sufficient |
32 | evidence to satisfy the requirements of subsection (d)(2)(i) of this section, the landlord shall have |
33 | the right to present evidence to the district court to rebut the claim that the person seeking grace |
34 | period temporary tenant status does, in fact, reside in the unit. |
| LC003575 - Page 2 of 5 |
1 | (3) The grace period temporary tenant may terminate the post-death rental grace period at |
2 | any time; provided, however, that the termination of the post-death rental grace period shall not be |
3 | construed to relieve the grace period temporary tenant from any obligations incurred under the |
4 | rental agreement during the duration of the post-death rental grace period. |
5 | (4) The length of the post-death rental grace period shall be three (3) months or the |
6 | remaining term of the rental agreement, whichever is shorter, unless the grace period temporary |
7 | tenant chooses a shorter period, or the landlord and the grace period temporary tenant mutually |
8 | agree on a longer period. The post-death rental grace period shall commence upon the death of the |
9 | leaseholder. |
10 | (5) Rent due for part of a month shall be prorated. |
11 | (6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or |
12 | any other person residing in the dwelling unit to continue the rental agreement or assume any |
13 | obligations of the rental agreement. |
14 | (7) Nothing in this section shall be construed to restrict the ability of the landlord and |
15 | dwelling unit resident(s) to enter into a new mutually agreeable rental agreement. |
16 | (8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the |
17 | estate of the deceased tenant. |
18 | (9) Nothing in this section shall be construed to convey any civil or criminal liability on |
19 | the grace period temporary tenant for any actions of the deceased tenant. |
20 | (10) The landlord shall have the right to deduct damages to the dwelling unit incurred by |
21 | the deceased tenant or the grace period temporary tenant from a preexisting security deposit, |
22 | pursuant to the terms of the rental agreement, provided, however, the landlord shall not have the |
23 | right to require an additional security deposit from the grace period temporary tenant. The |
24 | remaining balance of the security deposit shall be allocated between the estate of the deceased |
25 | tenant and the grace period temporary tenant proportional to the amount of time the deceased tenant |
26 | and the grace period temporary tenant were party to the rental agreement, unless the duration of the |
27 | post-death rental grace period shall be less than one month, in which case the balance of the security |
28 | deposit shall be transferred in full to the estate of the deceased tenant. |
29 | (11) If multiple eligible residents of the dwelling unit separately elect to become grace |
30 | period temporary tenants, all obligations of the rental agreement, including rent, shall be divided |
31 | among them proportionally for such time as each shall remain a grace period temporary tenant. |
32 | (12) If an eligible resident of the dwelling unit continues to reside within the rental unit for |
33 | more than seven (7) days after the death of the deceased tenant, they shall be assumed to have |
34 | elected to become a grace period temporary tenant. |
| LC003575 - Page 3 of 5 |
1 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC003575 | |
======== | |
| LC003575 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
*** | |
1 | This act would permit those other residents of a residential dwelling unit to extend the term |
2 | of the rental agreement for a period of three (3) months after the death of the lessee. |
3 | This act would take effect upon passage. |
======== | |
LC003575 | |
======== | |
| LC003575 - Page 5 of 5 |