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| 5 | 5 | | 2023 -- S 0627 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002362 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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| 16 | 16 | | Introduced By: Senators LaMountain, Britto, and Euer |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 34-18-35, 34-18-36 and 34-18-38 of the General Laws in Chapter 1 |
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| 23 | 23 | | 34-18 entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 34-18-35. Eviction for nonpayment of rent. 3 |
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| 25 | 25 | | (a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord 4 |
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| 26 | 26 | | shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), 5 |
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| 27 | 27 | | specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent, 6 |
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| 28 | 28 | | and notifying the tenant that unless he or she cures the breach within five (5) days of the date of 7 |
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| 29 | 29 | | mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an 8 |
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| 30 | 30 | | eviction action in the appropriate district court or housing court. 9 |
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| 31 | 31 | | (b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within 10 |
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| 32 | 32 | | five (5) days of the date of mailing of the notice, the landlord may commence an eviction action 11 |
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| 33 | 33 | | against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written 12 |
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| 34 | 34 | | demand notice. The action shall be commenced by filing a “Complaint for Eviction for 13 |
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| 35 | 35 | | Nonpayment of Rent” in the appropriate court in the form provided in § 34-18-56(d). 14 |
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| 36 | 36 | | (c) The summons for eviction for nonpayment of rent shall specify the date for hearing and 15 |
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| 37 | 37 | | be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file 16 |
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| 38 | 38 | | 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 |
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| 39 | 39 | | appear at the hearing, he or she shall be defaulted. 18 |
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| 40 | 40 | | (d) If the defendant files his or her answer and commences discovery prior to the hearing, 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002362 - Page 2 of 6 |
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| 44 | 44 | | and it appears, for good cause shown, that the defendant will not be able to conduct his or her 1 |
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| 45 | 45 | | defense without the benefit of discovery, the court may continue the hearing to allow a reasonable 2 |
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| 46 | 46 | | time for the completion of discovery. In the case of such a continuance, the court may, in its 3 |
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| 47 | 47 | | discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing. 4 |
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| 48 | 48 | | Except as provided in this chapter, the landlord may recover possession and actual damages. In 5 |
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| 49 | 49 | | cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6) 6 |
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| 50 | 50 | | months immediately preceding the filing of the action, and the tenant’s nonpayment was willful, 7 |
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| 51 | 51 | | the landlord may also recover a reasonable attorney’s fee. 8 |
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| 52 | 52 | | (e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full 9 |
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| 53 | 53 | | amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to 10 |
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| 54 | 54 | | subsection (a) of this section within the six (6) months immediately preceding the filing of the 11 |
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| 55 | 55 | | action, the tenant shall have the right to cure his or her failure to pay rent after commencement of 12 |
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| 56 | 56 | | suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing. 13 |
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| 57 | 57 | | (f) Any person who is a first-time defendant in an eviction proceeding under this section 14 |
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| 58 | 58 | | may file a motion for the expungement of all documents related to and the record of eviction five 15 |
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| 59 | 59 | | (5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 16 |
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| 60 | 60 | | monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 17 |
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| 61 | 61 | | court in which the eviction took place. If the person appealed to the superior court, the motion shall 18 |
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| 62 | 62 | | be filed in the superior court in which the eviction proceedings were heard and any order of 19 |
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| 63 | 63 | | expungement would also be effective in the district court. The court, in its discretion, shall have 20 |
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| 64 | 64 | | the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 21 |
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| 65 | 65 | | the motion is granted, the court shall have all complaints, answers and any other pleading or 22 |
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| 66 | 66 | | discovery filed with the court in the eviction proceeding sealed and all references to the eviction 23 |
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| 67 | 67 | | shall be removed from the court’s public portal. 24 |
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| 68 | 68 | | 34-18-36. Eviction for noncompliance with rental agreement. 25 |
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| 69 | 69 | | (a) Except as provided in this chapter, if there is a material noncompliance by the tenant 26 |
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| 70 | 70 | | with the rental agreement or a noncompliance with § 34-18-24 materially affecting health and 27 |
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| 71 | 71 | | safety, the landlord shall deliver a written demand notice to the tenant, in a form substantially 28 |
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| 72 | 72 | | similar to that provided in § 34-18-56(b), specifying: 29 |
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| 73 | 73 | | (1) The acts and/or omissions constituting the breach of the rental agreement or of § 34-30 |
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| 74 | 74 | | 18-24; 31 |
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| 75 | 75 | | (2) The acts, repairs, or payment of damages, which are necessary to remedy the breach; 32 |
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| 76 | 76 | | and 33 |
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| 77 | 77 | | (3) That unless the breach is remedied within twenty (20) days of mailing of the notice the 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002362 - Page 3 of 6 |
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| 81 | 81 | | rental agreement shall terminate upon a specified date, which shall not be less than twenty-one (21) 1 |
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| 82 | 82 | | days after the mailing of the notice. 2 |
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| 83 | 83 | | (b) Unless it is a violation of § 34-18-24(8), (9), or (10), if the tenant adequately remedies 3 |
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| 84 | 84 | | the breach before the date specified in the notice, the rental agreement shall not terminate. If the 4 |
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| 85 | 85 | | breach is not remedied, the landlord may commence an eviction action, which shall be filed no 5 |
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| 86 | 86 | | earlier than the first day following the termination date specified in the written demand notice. The 6 |
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| 87 | 87 | | action shall be initiated by filing a “Complaint for Eviction for Reason Other Than for Nonpayment 7 |
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| 88 | 88 | | of Rent” in the appropriate court according to the form in § 34-18-56(e). 8 |
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| 89 | 89 | | (c) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the 9 |
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| 90 | 90 | | tenant has twenty (20) days from the date of service in which to file his or her answer to the 10 |
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| 91 | 91 | | complaint, and that if he or she fails to file his or her answer within that time, he or she will be 11 |
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| 92 | 92 | | defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the 12 |
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| 93 | 93 | | appropriate court. 13 |
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| 94 | 94 | | (d) Except as provided in this chapter, the landlord may recover possession, actual damages 14 |
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| 95 | 95 | | and obtain injunctive relief for noncompliance by the tenant with the rental agreement or § 34-18-15 |
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| 96 | 96 | | 24. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney’s fees. 16 |
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| 97 | 97 | | (e) If substantially the same act or omission which constituted a prior noncompliance, of 17 |
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| 98 | 98 | | which good faith notice was given, recurs within six (6) months, the landlord may terminate the 18 |
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| 99 | 99 | | rental agreement upon at least twenty (20) days’ written notice, specifying the breach and the date 19 |
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| 100 | 100 | | of termination of the rental agreement. No allowance of time to remedy noncompliance shall be 20 |
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| 101 | 101 | | required. 21 |
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| 102 | 102 | | (f) If the tenant has violated § 34-18-24(8), (9), or (10), or if the tenant (i) is a seasonal 22 |
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| 103 | 103 | | tenant occupying the premises pursuant to a written lease agreement which commences no earlier 23 |
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| 104 | 104 | | than May 1st of the occupation year and expires no later than October 15th of the occupation year, 24 |
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| 105 | 105 | | or commences no earlier than September 1st and expires no later than June 1st of the next 25 |
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| 106 | 106 | | subsequent year, with no right of renewal or extension beyond the above dates; and (ii) has been 26 |
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| 107 | 107 | | charged with violating a municipal ordinance or has otherwise violated the terms of the rental 27 |
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| 108 | 108 | | agreement pertaining to legal occupancy or excessive noise or other disturbance of the peace, the 28 |
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| 109 | 109 | | landlord shall not be required to send a notice of noncompliance to the tenant and may immediately 29 |
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| 110 | 110 | | file a complaint for eviction in a form substantially similar to that provided in § 34-18-56(e) and 30 |
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| 111 | 111 | | seek the relief set forth in subsection (d). 31 |
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| 112 | 112 | | (g) Any person who is a first-time defendant in an eviction proceeding under this section 32 |
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| 113 | 113 | | may file a motion for the expungement of all documents related to and the record of eviction five 33 |
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| 114 | 114 | | (5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002362 - Page 4 of 6 |
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| 118 | 118 | | monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 1 |
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| 119 | 119 | | court in which the eviction took place. If the person appealed to the superior court, the motion shall 2 |
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| 120 | 120 | | be filed in the superior court in which the eviction proceedings were heard and any order of 3 |
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| 121 | 121 | | expungement would also be effective in the district court. The court, in its discretion, shall have 4 |
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| 122 | 122 | | the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 5 |
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| 123 | 123 | | the motion is granted, the court shall have all complaints, answers and any other pleading or 6 |
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| 124 | 124 | | discovery filed with the court in the eviction proceeding sealed and all references to the eviction 7 |
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| 125 | 125 | | shall be removed from the court’s public portal. 8 |
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| 126 | 126 | | 34-18-38. Eviction for unlawfully holding over after termination or expiration of 9 |
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| 127 | 127 | | tenancy. 10 |
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| 128 | 128 | | (a) If the tenant remains in possession without the landlord’s consent after expiration of the 11 |
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| 129 | 129 | | term of the rental agreement or after the termination of a periodic tenancy, the landlord may 12 |
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| 130 | 130 | | commence an eviction action, which may be filed no earlier than the first day following the 13 |
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| 131 | 131 | | expiration or termination of the tenancy. The action shall be commenced by filing a “Complaint for 14 |
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| 132 | 132 | | Eviction for Reason Other Than for Nonpayment of Rent,” which shall be filed in the appropriate 15 |
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| 133 | 133 | | court according to the form provided in § 34-18-56(e). 16 |
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| 134 | 134 | | (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the 17 |
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| 135 | 135 | | tenant has twenty (20) days from the date of service in which to file his or her answer to the 18 |
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| 136 | 136 | | complaint, and that if he or she fails to file his or her answer within that time, he or she will be 19 |
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| 137 | 137 | | defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the 20 |
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| 138 | 138 | | appropriate court. 21 |
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| 139 | 139 | | (c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover, 22 |
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| 140 | 140 | | in addition to possession, an amount not more than three (3) months’ periodic rent or threefold the 23 |
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| 141 | 141 | | actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees. If the 24 |
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| 142 | 142 | | landlord consents to the tenant’s occupancy, the parties may agree to a definite term. If no term is 25 |
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| 143 | 143 | | specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and in all 26 |
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| 144 | 144 | | other cases, month-to-month. 27 |
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| 145 | 145 | | (d) Any person who is a first-time defendant in an eviction proceeding under this section 28 |
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| 146 | 146 | | may file a motion for the expungement of all documents related to and the record of eviction five 29 |
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| 147 | 147 | | (5) years after the date of judgment entered by the court. The petitioner shall provide proof that any 30 |
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| 148 | 148 | | monetary judgement entered against them has been satisfied. Any such motion shall be filed in the 31 |
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| 149 | 149 | | court in which the eviction took place. If the person appealed to the superior court, the motion shall 32 |
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| 150 | 150 | | be filed in the superior court in which the eviction proceedings were heard and any order of 33 |
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| 151 | 151 | | expungement would also be effective in the district court. The court, in its discretion, shall have 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002362 - Page 5 of 6 |
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| 155 | 155 | | the authority to accept, consider and grant a motion to expunge prior to the five (5) year period. If 1 |
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| 156 | 156 | | the motion is granted, the court shall have all complaints, answers and any other pleading or 2 |
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| 157 | 157 | | discovery filed with the court in the eviction proceeding, sealed and all references to the eviction 3 |
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| 158 | 158 | | shall be removed from the court’s public portal. 4 |
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| 159 | 159 | | SECTION 2. This act shall take effect upon passage. 5 |
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| 160 | 160 | | ======== |
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| 161 | 161 | | LC002362 |
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| 162 | 162 | | ======== |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | LC002362 - Page 6 of 6 |
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| 166 | 166 | | EXPLANATION |
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| 167 | 167 | | BY THE LEGISLATIVE COUNCIL |
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| 168 | 168 | | OF |
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| 169 | 169 | | A N A C T |
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| 170 | 170 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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| 171 | 171 | | *** |
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| 172 | 172 | | This act would allow a person who is a first-time defendant in an eviction proceeding to 1 |
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| 173 | 173 | | file a motion for the expungement of all documents related to and the record of eviction five (5) 2 |
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| 174 | 174 | | years after the date of judgment entered by the court. 3 |
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| 175 | 175 | | This act would take effect upon passage. 4 |
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| 176 | 176 | | ======== |
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| 177 | 177 | | LC002362 |
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| 178 | 178 | | ======== |
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| 179 | 179 | | |
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