2024 -- S 2448 | |
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LC004523 | |
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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 | |
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Introduced By: Senators Ciccone, Burke, Britto, and F. Lombardi | |
Date Introduced: February 12, 2024 | |
Referred To: Senate 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 | (signature) |
4 | __________________________ |
5 | __________________________ |
6 | (name and address of land- |
7 | lord/owner) |
8 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
9 | addressed to the tenant, on the ________ day of ________________________, 20______. |
10 | __________________________ |
11 | (landlord or owner |
12 | signature) |
13 | (b) A notice in substantially the following language shall suffice for the purpose of giving |
14 | a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: |
15 | NOTICE OF NONCOMPLIANCE |
16 | R.I.G.L. 34-18-36 |
17 | Date of Mailing: ____________________ |
18 | TO: __________________________ |
19 | (tenant) |
20 | _____________________________ |
21 | _____________________________ |
22 | (address) |
23 | You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18- |
24 | 24, because you: |
25 |
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26 |
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27 |
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28 | (provide details) |
29 | To remedy this situation you must do the following within twenty days of the date of |
30 | mailing of this Notice: |
31 |
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32 |
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33 |
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34 | If you do not remedy this situation within twenty days, your rental agreement will terminate |
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1 | without further notice on __________ (date, which must be not less than twenty-one days from the |
2 | date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your |
3 | noncompliance if this is the second notice on the same subject within the past six months.) After |
4 | that date an eviction case may begin in court, and you may be served with a complaint. You will |
5 | have the right to a hearing and to present any defenses you believe you have. |
6 | __________________________________ |
7 | (signature) |
8 | __________________________________ |
9 | __________________________________ |
10 | (name and address of land-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 ________________________, 20______. |
13 | __________________________________ |
14 | (landlord or owner signature) |
15 | (c) A notice in substantially the following language shall suffice for the purpose of giving |
16 | a tenant notice of termination of tenancy pursuant to § 34-18-37: |
17 | NOTICE OF TERMINATION OF TENANCY |
18 | R.I.G.L. 34-18-37 |
19 | Date of Mailing: _______________________ |
20 | TO: _________________________ |
21 | (tenant) |
22 | _____________________________ |
23 | _____________________________ |
24 | (address) |
25 | You are hereby directed to vacate and remove your property and personal possessions from |
26 | the premises located at __________________________________ and deliver control of the |
27 | premises to the |
28 | (address of premises) |
29 | landlord/owner on the first day after the end of your current rental period, namely |
30 | ____________________. |
31 | (insert date) |
32 | This notice is given for the purpose of terminating your tenancy. You must continue to pay |
33 | rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment |
34 | eviction action may be instituted against you. |
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1 | If you fail to vacate the premises by the date specified, an eviction may be instituted against |
2 | you without further notice. If you believe you have a defense to this termination, you will be able |
3 | to raise that defense at the court hearing. |
4 | __________________________________ |
5 | (signature) |
6 | __________________________________ |
7 | __________________________________ |
8 | (name and address of land-lord/owner) |
9 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
10 | addressed to the tenant, on the ________ day of ________________________, 20______. |
11 | __________________________________ |
12 | (landlord or owner signature) |
13 | (d) A complaint in substantially the following language shall suffice for the purpose of |
14 | commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: |
15 | State of Rhode Island |
16 | _______________________, Sc. DISTRICT |
17 | COURT |
18 | ____________________________ _____________ |
19 | DIVISION |
20 | PLAINTIFF DEFENDANT |
21 | ____________________________ |
22 | __________________________ |
23 | ________ |
24 | (Landlord's Name) (Tenant's Name) |
25 | V |
26 | _________________________________ __________________________ |
27 | __________________________________ __________________________ |
28 | __________________________________ __________________________ |
29 | (address) (address of rental premises) |
30 | COMPLAINT FOR EVICTION |
31 | FOR NONPAYMENT OF RENT |
32 | R.I.G.L. 34-18-35 |
33 | 1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant |
34 | Tenant currently resides. |
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1 | 2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from |
2 | the defendant. The rent is $__________ per __________, and the amount in arrears is $________ |
3 | as of the __________ day of __________, 20____. |
4 | (month) |
5 | 3. Plaintiff has served the five-day demand notice as required by law, and a copy of that |
6 | notice is attached to this complaint. The notice was mailed to the defendant on the __________ day |
7 | of ________, 20____. |
8 | 4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either |
9 | before or after the demand notice. Defendant remains in possession of the rental premises. |
10 | WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the |
11 | premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. |
12 | __________________________________ |
13 | (Name & address of landlord/owner or attorney for landlord) |
14 | __________________________________ |
15 | Date complaint filed with clerk __________________ |
16 | (e) A complaint in substantially the following language shall suffice for the purpose of |
17 | commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18- |
18 | 36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy |
19 | pursuant to § 34-18-38: |
20 | STATE OF RHODE ISLAND |
21 | _______________________, Sc. DISTRICT |
22 | COURT |
23 | ____________________________ _____________ |
24 | DIVISION |
25 | PLAINTIFF DEFENDANT |
26 | ____________________________ __________________________________ |
27 | (Landlord's Name) (Tenant's Name) |
28 | V |
29 | __________________________________ __________________________________ |
30 | __________________________________ __________________________________ |
31 | (address) (address of rental |
32 | premises) |
33 | COMPLAINT FOR EVICTION |
34 | FOR REASON OTHER THAN |
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1 | NONPAYMENT OF RENT |
2 | R.I.G.L. 34-18-36 |
3 | R.I.G.L. 34-18-38 |
4 | 1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant |
5 | Tenant(s) resides. |
6 | 2. CHECK ONE: |
7 | ____ Defendant breached the tenant's obligations under the rental agreement or § 34-18- |
8 | 24 as set forth in the attached copy of the notice of noncompliance which was mailed to the |
9 | defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required |
10 | notice of noncompliance.) |
11 | ____ Defendant has remained in possession of the rented premises following the period set |
12 | forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff |
13 | must attach copy of required termination notice.) |
14 | ____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10). |
15 | 3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of |
16 |
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17 | for |
18 |
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19 |
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20 |
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21 | (explain basis for money claim) |
22 | Plaintiff seeks costs and fees (if applicable). |
23 | __________________________________ |
24 | (Signature of Landlord/Owner or Attorney) |
25 | __________________________________ |
26 | Date complaint filed with clerk __________ |
27 | (f) A complaint in substantially the following language, or in similar language, shall be |
28 | sufficient for use by landlords or by tenants to bring any claims or causes of action other than |
29 | eviction actions: |
30 | NOT FOR EVICTION |
31 | State of Rhode Island |
32 | _______________________, Sc. DISTRICT |
33 | COURT |
34 | ____________________________ _____________ |
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1 | DIVISION |
2 | PLAINTIFF DEFENDANT |
3 | ____________________________ __________________________________ |
4 | (Name) (Name) |
5 | V |
6 | __________________________________ __________________________ |
7 | __________________________________ __________________________ |
8 | __________________________________ __________________________ |
9 | (address) (address of rental |
10 | premises) |
11 | LANDLORD-TENANT COMPLAINT |
12 | (NOT FOR USE IN EVICTIONS) |
13 | 1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises |
14 | at. |
15 | (address of rental premises) |
16 | 2. Defendant is the ____ Tenant ____ Landlord/Owner. |
17 | 3. Plaintiff claims that defendant has breached the obligations of the rental agreement or |
18 | law in relation to this landlord-tenant relationship, as follows: |
19 |
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20 |
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21 |
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22 | (brief description of claim, attach extra sheet, if necessary) |
23 | 4. Plaintiff seeks the following judgment or relief from the Court: |
24 |
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25 |
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26 |
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27 | Date Complaint Filed__________________________________ |
28 | With Clerk: __________ |
29 | (Signature of plaintiff or plaintiff's attorney) |
30 | __________________________________ |
31 | (address) |
32 | (g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 |
33 | shall be in substantially the following form: |
34 | STATE OF RHODE ISLAND |
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1 | DISTRICT COURT |
2 | SU |
3 | MMONS |
4 | EVICTION-NONPAYMENT OF RENT |
5 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
6 | Address of Court: |
7 | __________________________________ __________________________________ |
8 | __________________________________ __________________________________ |
9 | __________________________________ __________________________________ |
10 | (name & address of plaintiff landlord) (name & address of defendant-tenant) |
11 | TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If |
12 | you do nothing, you will lose by default and be evicted. If you claim any defense, you must |
13 | complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You |
14 | should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 9:00 |
15 | A.M. on the hearing date, at the court address listed above. You should go to the hearing or you |
16 | may lose by default. If you think the case is "settled," you should still go to the hearing to make |
17 | sure the settlement is in the court record. |
18 | YOUR HEARING DATE IS: ________________________________. |
19 | (Proof of Service on next page) |
20 | ________________________________________ |
21 | PROOF OF SERVICE |
22 | I hereby certify that I served a copy of the Complaint and Summons & Answer upon the |
23 | defendant(s) by delivering or leaving said papers in the following manner: |
24 | ______ to the defendant personally; or |
25 | ______ at his or her dwelling unit or usual place of abode |
26 | at the |
27 | address listed below with a person of suitable age |
28 | then |
29 | residing therein; or |
30 | ______ if none be found, by posting conspicuously on the |
31 | door |
32 | to the defendant's dwelling unit. |
33 | ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: |
34 |
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1 | NAME OF PERSON OF SUITABLE AGE: |
2 | SERVICE DATE: |
3 |
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4 | DEPUTY SHERIFF/CONSTABLE: |
5 |
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6 |
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7 | CERTIFICATE OF SERVICE |
8 | I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. |
9 | Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed |
10 | to defendant at the following address: |
11 | ________________________________________________. |
12 | __________________________________ |
13 | (Signature of ____________ Clerk) |
14 | (h) The summons in an action for eviction for noncompliance with the rental agreement |
15 | pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy |
16 | pursuant to § 34-18-38, shall be in substantially the following form: |
17 | State of Rhode Island |
18 | District Court |
19 | Summons |
20 | EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT |
21 | DIVISION COUNTY CIVIL ACTION- |
22 | FILE NO. |
23 | Address of Court: |
24 | __________________________________ __________________________ |
25 | V |
26 | __________________________________ __________________________ |
27 | __________________________________ __________________________ |
28 | (name & address of plaintiff landlord) (name & address of defendant-tenant) |
29 | TO THE TENANT: You are served with an eviction complaint for noncompliance with |
30 | rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration |
31 | of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you |
32 | claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk |
33 | within TWENTY (20) days after you are served with this summons and complaint. You should also |
34 | mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed |
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1 | ANSWER, then you will receive another written notice telling you when the hearing will be. If you |
2 | have any questions, you may consult a lawyer. If you think the case is "settled" you should still file |
3 | the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. |
4 | (Proof of Service on next page) |
5 | ________________________________________ |
6 | PROOF OF SERVICE |
7 | I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon |
8 | the defendant(s) by delivering or leaving said papers in the following manner: |
9 | ____ to the defendant personally |
10 | ____ at his/her dwelling unit or usual place of abode at the address listed below, with a |
11 | person of suitable age then residing therein |
12 | ____ to an agent named below authorized by appointment or by law to receive service of |
13 | process |
14 | ____ further notice as required by law was given as noted below |
15 | Address of dwelling or usual place of abode: |
16 |
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17 | Name of person of suitable age or of agent: |
18 |
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19 | If none can be found, by posting conspicuously on the door to the defendant's dwelling unit |
20 | or usual place of abode. |
21 | Service Date: ____________________ |
22 | Deputy Sheriff/Constable (circle one): |
23 | __________________________ |
24 | ________ |
25 | (signature) |
26 | CERTIFICATE OF SERVICE |
27 | I hereby certify that, on the …. day of …., 20…., I mailed a copy of this Summons, and |
28 | Complaint for Eviction for Reason Other than Nonpayment of Rent, blank Answer forms, and |
29 | Language Assistance Notice addressed to the Defendant/Tenant, at the address listed above. |
30 | Affiant__________________________ |
31 | (i) The summons in an action relating to any claims by tenants, or by landlords other than |
32 | for eviction, shall be in substantially the following form: |
33 | State of Rhode Island |
34 | District Court Summons____________ |
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1 | ____________ _______________ ______________ |
2 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
3 | _____________________________ _____________________________ |
4 | PLAINTIFF PLAINTIFF'S ATTORNEY |
5 | __________________________________ |
6 | ADDRESS |
7 | _________________ vs |
8 | DEFENDANT |
9 | __________________________ |
10 | DEFENDANT'S ADDRESS |
11 | ______________________________ __________________________________ |
12 | TO THE ABOVE-NAMED DEFENDANT: |
13 | You are hereby summoned and required to serve upon the plaintiff's attorney, whose name |
14 | and address appears above, an answer to the complaint which is herewith served upon you. Your |
15 | answer must be made within 20 days after service of this summons, excluding the date of service. |
16 | The original must be filed in writing with this court. If you fail to do so, judgment by default will |
17 | be taken against you for the relief demanded in the complaint. |
18 | _____________________________ ____________________________ |
19 | DATE CLERK |
20 | ______________________________ __________________________________ |
21 | SEAL OF THE DISTRICT COURT DATE |
22 | RECEIVED |
23 |
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24 | PROOF OF SERVICE |
25 | I hereby certify that on the date below I served a copy of this summons and a copy of the |
26 | complaint received herewith upon the above-named defendant by delivering or leaving said papers |
27 | in the following manner: |
28 | □ to the defendant personally. |
29 | □ at his dwelling house or usual place of abode at the address entered |
30 | below, with a person of suitable age and discretion then residing therewith. |
31 | □ to an agent named below authorized by appointment or by law to receive |
32 | service of process. |
33 | □ Further notice as required by statute was given as noted on the reverse |
34 | side. |
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1 |
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2 | Address of Dwelling or Usual Place of Abode |
3 |
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4 | Name of Authorized Agent or Person of Suitable Age |
5 | ______________________________ __________________________________ |
6 | Date Deputy Sheriff/Constable |
7 | ______________________________ __________________________________ |
8 | SERVICE FEE $________ |
9 | (j) The blank answer served in eviction actions shall be in substantially the following form: |
10 | State of Rhode Island |
11 | _______________________, Sc. DISTRICT COURT |
12 | ____________________________ _____________ DIVISION |
13 | PLAINTIFF DEFENDANT |
14 | ____________________________ __________________________________ |
15 | (Landlord's Name) (Tenant's Name) |
16 | V |
17 | __________________________________ _________________________________ |
18 | __________________________________ ________________________________ |
19 | (address) (address of rental |
20 | premises) |
21 | INSTRUCTIONS TO THE DEFENDANT |
22 | Listed below are several possible defenses to the eviction action your landlord has filed |
23 | against you. If one or more of these defenses apply to your case, check the appropriate box(es). If |
24 | space is provided, write in facts in support of that defense. Use additional paper if necessary. Some |
25 | of these defenses are technical, and there may be others not listed here. You may consult a lawyer |
26 | and seek representation before filling out this Answer. |
27 | TENANT'S ANSWER |
28 | The complaint against me is untrue or fails to state the following facts: |
29 | I offered rent, but my landlord refused it. I am still able and willing to pay the rent. |
30 | I have a defense for nonpayment because the landlord has failed to maintain the premises |
31 | in a fit and habitable condition. |
32 | My rent has not been paid, but I have a legally justifiable defense for not paying: |
33 | I have a written lease which does not expire until: |
34 | I have not received the required notice from the landlord before this complaint was served |
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1 | on me. |
2 | The landlord is trying to evict me because I have exercised my legal rights by calling code |
3 | enforcement officials, or by taking the following protected action: |
4 | I have other defenses as follow: |
5 | WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a |
6 | judgment in my favor and not order me to be evicted. |
7 | COUNTERCLAIM |
8 | Instructions: If you believe you are entitled to be awarded damages or money for any reason |
9 | from your landlord, you may fill out the statement below: |
10 | I hereby sue my landlord for the amount of $_____________. |
11 | I believe I am entitled to receive an award of this amount because |
12 |
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13 | __________________________________ |
14 | __________________________ |
15 | ________ |
16 | Name of Defendant (or attorney) Signature of Defendant |
17 | ___________________________________ |
18 | Address |
19 | ___________________________________ |
20 | Telephone number |
21 | ___________________________________ |
22 | SECTION 2. This act shall take effect on January 1, 2025. |
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LC004523 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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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, 2025. |
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LC004523 | |
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