2023 -- S 0627
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LC002362
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
Introduced By: Senators LaMountain, Britto, and Euer
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 34-18-35, 34-18-36 and 34-18-38 of the General Laws in Chapter 1
34-18 entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows: 2
34-18-35. Eviction for nonpayment of rent. 3
(a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord 4
shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), 5
specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent, 6
and notifying the tenant that unless he or she cures the breach within five (5) days of the date of 7
mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an 8
eviction action in the appropriate district court or housing court. 9
(b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within 10
five (5) days of the date of mailing of the notice, the landlord may commence an eviction action 11
against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written 12
demand notice. The action shall be commenced by filing a “Complaint for Eviction for 13
Nonpayment of Rent” in the appropriate court in the form provided in § 34-18-56(d). 14
(c) The summons for eviction for nonpayment of rent shall specify the date for hearing and 15
be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file 16
and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or 17
appear at the hearing, he or she shall be defaulted. 18
(d) If the defendant files his or her answer and commences discovery prior to the hearing, 19
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and it appears, for good cause shown, that the defendant will not be able to conduct his or her 1
defense without the benefit of discovery, the court may continue the hearing to allow a reasonable 2
time for the completion of discovery. In the case of such a continuance, the court may, in its 3
discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing. 4
Except as provided in this chapter, the landlord may recover possession and actual damages. In 5
cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6) 6
months immediately preceding the filing of the action, and the tenant’s nonpayment was willful, 7
the landlord may also recover a reasonable attorney’s fee. 8
(e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full 9
amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to 10
subsection (a) of this section within the six (6) months immediately preceding the filing of the 11
action, the tenant shall have the right to cure his or her failure to pay rent after commencement of 12
suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing. 13
(f) Any person who is a first-time defendant in an eviction proceeding under this section 14
may file a motion for the expungement of all documents related to and the record of eviction five 15
(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 16
monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 17
court in which the eviction took place. If the person appealed to the superior court, the motion shall 18
be filed in the superior court in which the eviction proceedings were heard and any order of 19
expungement would also be effective in the district court. The court, in its discretion, shall have 20
the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 21
the motion is granted, the court shall have all complaints, answers and any other pleading or 22
discovery filed with the court in the eviction proceeding sealed and all references to the eviction 23
shall be removed from the court’s public portal. 24
34-18-36. Eviction for noncompliance with rental agreement. 25
(a) Except as provided in this chapter, if there is a material noncompliance by the tenant 26
with the rental agreement or a noncompliance with § 34-18-24 materially affecting health and 27
safety, the landlord shall deliver a written demand notice to the tenant, in a form substantially 28
similar to that provided in § 34-18-56(b), specifying: 29
(1) The acts and/or omissions constituting the breach of the rental agreement or of § 34-30
18-24; 31
(2) The acts, repairs, or payment of damages, which are necessary to remedy the breach; 32
and 33
(3) That unless the breach is remedied within twenty (20) days of mailing of the notice the 34
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rental agreement shall terminate upon a specified date, which shall not be less than twenty-one (21) 1
days after the mailing of the notice. 2
(b) Unless it is a violation of § 34-18-24(8), (9), or (10), if the tenant adequately remedies 3
the breach before the date specified in the notice, the rental agreement shall not terminate. If the 4
breach is not remedied, the landlord may commence an eviction action, which shall be filed no 5
earlier than the first day following the termination date specified in the written demand notice. The 6
action shall be initiated by filing a “Complaint for Eviction for Reason Other Than for Nonpayment 7
of Rent” in the appropriate court according to the form in § 34-18-56(e). 8
(c) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the 9
tenant has twenty (20) days from the date of service in which to file his or her answer to the 10
complaint, and that if he or she fails to file his or her answer within that time, he or she will be 11
defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the 12
appropriate court. 13
(d) Except as provided in this chapter, the landlord may recover possession, actual damages 14
and obtain injunctive relief for noncompliance by the tenant with the rental agreement or § 34-18-15
24. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney’s fees. 16
(e) If substantially the same act or omission which constituted a prior noncompliance, of 17
which good faith notice was given, recurs within six (6) months, the landlord may terminate the 18
rental agreement upon at least twenty (20) days’ written notice, specifying the breach and the date 19
of termination of the rental agreement. No allowance of time to remedy noncompliance shall be 20
required. 21
(f) If the tenant has violated § 34-18-24(8), (9), or (10), or if the tenant (i) is a seasonal 22
tenant occupying the premises pursuant to a written lease agreement which commences no earlier 23
than May 1st of the occupation year and expires no later than October 15th of the occupation year, 24
or commences no earlier than September 1st and expires no later than June 1st of the next 25
subsequent year, with no right of renewal or extension beyond the above dates; and (ii) has been 26
charged with violating a municipal ordinance or has otherwise violated the terms of the rental 27
agreement pertaining to legal occupancy or excessive noise or other disturbance of the peace, the 28
landlord shall not be required to send a notice of noncompliance to the tenant and may immediately 29
file a complaint for eviction in a form substantially similar to that provided in § 34-18-56(e) and 30
seek the relief set forth in subsection (d). 31
(g) Any person who is a first-time defendant in an eviction proceeding under this section 32
may file a motion for the expungement of all documents related to and the record of eviction five 33
(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 34
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monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 1
court in which the eviction took place. If the person appealed to the superior court, the motion shall 2
be filed in the superior court in which the eviction proceedings were heard and any order of 3
expungement would also be effective in the district court. The court, in its discretion, shall have 4
the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 5
the motion is granted, the court shall have all complaints, answers and any other pleading or 6
discovery filed with the court in the eviction proceeding sealed and all references to the eviction 7
shall be removed from the court’s public portal. 8
34-18-38. Eviction for unlawfully holding over after termination or expiration of 9
tenancy. 10
(a) If the tenant remains in possession without the landlord’s consent after expiration of the 11
term of the rental agreement or after the termination of a periodic tenancy, the landlord may 12
commence an eviction action, which may be filed no earlier than the first day following the 13
expiration or termination of the tenancy. The action shall be commenced by filing a “Complaint for 14
Eviction for Reason Other Than for Nonpayment of Rent,” which shall be filed in the appropriate 15
court according to the form provided in § 34-18-56(e). 16
(b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the 17
tenant has twenty (20) days from the date of service in which to file his or her answer to the 18
complaint, and that if he or she fails to file his or her answer within that time, he or she will be 19
defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the 20
appropriate court. 21
(c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover, 22
in addition to possession, an amount not more than three (3) months’ periodic rent or threefold the 23
actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees. If the 24
landlord consents to the tenant’s occupancy, the parties may agree to a definite term. If no term is 25
specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and in all 26
other cases, month-to-month. 27
(d) Any person who is a first-time defendant in an eviction proceeding under this section 28
may file a motion for the expungement of all documents related to and the record of eviction five 29
(5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 30
monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 31
court in which the eviction took place. If the person appealed to the superior court, the motion shall 32
be filed in the superior court in which the eviction proceedings were heard and any order of 33
expungement would also be effective in the district court. The court, in its discretion, shall have 34
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the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 1
the motion is granted, the court shall have all complaints, answers and any other pleading or 2
discovery filed with the court in the eviction proceeding, sealed and all references to the eviction 3
shall be removed from the court’s public portal. 4
SECTION 2. This act shall take effect upon passage. 5
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LC002362
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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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This act would allow a person who is a first-time defendant in an eviction proceeding to 1
file a motion for the expungement of all documents related to and the record of eviction five (5) 2
years after the date of judgment entered by the court. 3
This act would take effect upon passage. 4
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LC002362
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