2025 -- S 0512
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LC000836
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO PROPERTY -- RESIDENTIAL TENANT'S RIGHT TO LEGAL
REPRESENTATION ACT
Introduced By: Senators Mack, Euer, Gu, Bell, Acosta, Zurier, and Bissaillon
Date Introduced: February 26, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Legislative findings. 1
The general assembly hereby finds and declares that: 2
(1) Eviction proceedings have a profoundly disparate impact on low- to moderate-income 3
individuals. A recent study has shown that half of United States citizens are cost burdened by the 4
skyrocketing rents and increased risk to homelessness and given this disparate impact, it is 5
imperative that these individuals be provided legal representation in legal proceedings that put their 6
housing at risk. 7
(2) There is a fundamental human right to adequate housing accommodations. Safe, secure, 8
and accessible housing is essential to achieving equal access to all other fundamental needs. 9
Without housing, individuals and families too often cannot preserve family integrity, gain 10
employment or other income, or enjoy access to healthcare, proper nutrition, and education. 11
(3) Eviction proceedings and displacement as a result of evictions have a disparate impact 12
on low- to moderate-income individuals and particularly on low- to moderate-income people of 13
color, who are disproportionately the respondents in eviction proceedings. 14
(4) Representation of people who are at risk of losing their homes in legal proceedings 15
preserves access to housing and ensures compliance with laws protecting people's rights in such 16
proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and livelihoods, force people 17
to find housing in a market with a severe shortage of affordable housing and often significantly 18
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increases the risk of homelessness. The short- and long-term effects of housing instability are 1
devastating to individuals and families and can affect physical and mental health, employment and 2
education. 3
(5) Providing a right to legal representation to individuals who are most at risk of housing 4
instability not only protects individuals and families from these devastating effects, but also saves 5
public funds that would otherwise be spent on shelters and services to people experiencing 6
homelessness as well as the wide range of detrimental short- and long-term collateral consequences 7
of housing instability. 8
SECTION 2. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by 9
adding thereto the following chapter: 10
CHAPTER 18.3 11
RESIDENTIAL TENANT'S RIGHT TO LEGAL REPRESENTATION ACT 12
34-18.3-1. Short title. 13
This chapter shall be known and may be cited as the "Residential Tenant's Right to Legal 14
Representation Act". 15
34-18.3-2. Definitions. 16
As used in this chapter, the following words and terms shall have the following meanings 17
unless the context clearly indicates another or different meaning or intent: 18
(1) "Covered proceeding" means any action that triggers the right to representation under 19
this chapter, including, but not limited to, a five (5) day demand notice, a termination of tenancy 20
notice, a notice of noncompliance, a court summons, an eviction action, an administrative hearing 21
with a publicly subsidized source of housing, or an action for unsafe or unhealthy conditions and/or 22
pursuant to § 34-18-31. 23
(2) "Designated community organization" means a not-for-profit organization or 24
association having nonprofit status under §501(c)(3) of the United States Internal Revenue Code 25
that has the capacity to provide education in a program established under § 34-18.3-6. To the extent 26
practicable, such designated community organization shall maintain a practice of furnishing free 27
services; possess expertise and experience in community education and organizing, and ties to the 28
communities they serve; demonstrate expertise in recognizing and responding to the housing issues 29
facing low-income residents of the state; possess adequate expertise to provide consistent, high 30
quality supervision, oversight, training, evaluation, and strategic response to emerging or changing 31
needs in the communities served; and maintain reasonable workloads and working conditions for 32
their staff. 33
(3) "Designated legal organization" means a not-for-profit (charitable) organization or 34
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association having tax deductible for contributions status under §501(c)(3) of the United States 1
Internal Revenue Code that has the capacity to provide comprehensive and effective legal services 2
for the program established under this chapter. To the extent practicable, such designated legal 3
organizations shall be organizations that maintain a practice of furnishing free or reduced cost legal 4
services to individuals; possess expertise in the areas of law for covered actions; have a 5
demonstrated history or practice with regard to the legal issues facing low-income residents of the 6
state; provide consistent, high quality supervision, oversight, training, evaluation, and strategic 7
response to emerging or changing needs in the communities served; and maintain reasonable 8
workloads and working conditions for their staff. 9
(4) "Director" means the director of the division of civil representation. 10
(5) "Division" means the division of civil representation. 11
(6) "Eligible individual" means an individual who is at risk of losing their housing 12
accommodation in an action for eviction or an administrative proceeding with a publicly subsidized 13
source of housing, and/or an individual seeking restoration or maintenance of essential services as 14
defined by §34-18-31, and/or is facing unsafe or unhealthy conditions in their rented home that 15
require court intervention to remedy. An individual becomes eligible when that individual: 16
(i) Becomes the subject of an eviction notice including a five (5) day demand notice, or a 17
termination of tenancy notice, or a notice of noncompliance, or a court summons; 18
(ii) Is a party in an eviction action; 19
(iii) Is a party in an administrative hearing with a publicly subsidized source of housing; or 20
(iv) Is a party to an action for unsafe or unhealthy conditions and/or pursuant to § 34-18-21
31. 22
(7) "Eviction" means any action to evict an individual or otherwise terminate a tenancy, or 23
any other action that is likely to result in an individual losing their housing accommodation, 24
including any proceeding to terminate a housing subsidy, or an action brought by an eligible 25
individual based on the landlord's failure to maintain the premises in a fit and habitable condition, 26
or in response to an unlawful eviction, or in response to the unlawful actions of a landlord, as well 27
as any appeals from any such proceedings. 28
(8) "Housing accommodation" or "residence" means that part of any building or structure 29
or any part thereof, permanent or temporary, occupied or intended, arranged or designed to be used 30
or occupied, by one or more individuals as a home, dwelling unit or apartment, sleeping place, 31
boarding house, lodging house or hotel, and all essential services, privileges, furnishings, furniture 32
and facilities supplied in connection with its occupation. 33
(9) "Legal representation" means ongoing legal representation provided by a designated 34
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legal organization to eligible individuals and the provision of legal advice, advocacy, and 1
assistance, including, but not be limited to: filing a notice of appearance, filing and preparation of 2
pleadings and motions on behalf of eligible individuals, court appearances on behalf of eligible 3
individuals, pre- and post-trial settlement conferences, and any other activities needed to provide 4
legal representation in a "covered proceeding." 5
(10) "Office" means the office of the department of housing. 6
34-18.3-3. Right to legal representation in eviction proceedings. 7
The civil right to full legal representation for eligible individuals in an eviction action is 8
hereby created. 9
34-18.3-4. Division of civil representation. 10
There is hereby established, in the department of housing, the division of civil 11
representation to create and implement a program to provide legal representation pursuant to § 34-12
18.3-5. The division shall be headed by a director who shall be appointed by the governor, and shall 13
be subject to the advice and consent of the senate. 14
34-18.3-5. Powers and duties of the division of civil representation. 15
The director shall have the power and duty to: 16
(1) Establish a program to provide legal representation including entering into contracts 17
and agreements as may be necessary, in accordance with § 34-18.3-6; 18
(2) Prepare and submit to the governor, president of the senate, and speaker of the house 19
an annual financial audit of the program's activities, prepared by a certified public accountant 20
licensed in the state and carried out in accordance with generally accepted auditing standards; and 21
an annual report regarding the program created under § 34-18.3-6. Such report shall include, but 22
not be limited to, the following information regarding all individuals requesting services and all 23
individuals provided services, disaggregated by municipality; provided, however, that the 24
information shall not be required for every case where the individual refuses to provide the 25
information or the information is not reasonably ascertainable: 26
(i) The total number of people provided legal representation and the total number of people 27
requesting but not provided legal representation and the reasons why representation was not 28
provided; 29
(ii) The outcomes of the cases where legal representation was provided; 30
(iii) Gender, race, ethnicity, and age; 31
(iv) Postal code of residence; 32
(v) Household size; 33
(vi) Estimated length of tenancy; 34
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(vii) Approximate household income; 1
(viii) Receipt of ongoing public assistance at the time such legal services were initiated; 2
(ix) Tenancy in housing operated by or subsidized through a federal, state or local rental 3
subsidy program; 4
(x) Legal services provided by type of legal issue; 5
(xi) Outcomes immediately following the provision of full legal representation, as 6
applicable and available, including, but not limited to, the number of: 7
(A) Judgments and stipulated agreements allowing individuals to remain in their residence; 8
(B) Judgments and stipulated agreements requiring individuals to be displaced from their 9
residence; and 10
(C) Instances where an attorney representing an income-eligible individual was discharged 11
or withdrew; 12
(xii) A list of landlords involved in eviction proceedings; 13
(xiii) Residential evictions conducted by sheriffs, disaggregated by municipality; 14
(xiv) A list of designated community organizations, the community in which such 15
organizations provide services, and the amount of funding provided to each; 16
(xv) The number of buildings in which outreach was conducted, the number of workshops 17
offered, the number of attendees at such workshops, the number of people referred to nonprofits 18
having status under § 501(c)(3) of the United States Internal Revenue Code, and the number of 19
trainings offered; and 20
(xvi) An evaluation of implementation challenges and recommendations for any future 21
programmatic improvements. 22
(3) Provide an annual estimate for the funding necessary for the operation of the program 23
created under § 34-18.3-6; 24
(4) Coordinate with other programs providing legal representation to ensure efficiency of 25
functions and to prevent duplication of work; 26
(5) Create a program providing outreach and education through designated community 27
organizations to spread awareness of the availability of legal representation. With the support of 28
the director and adequate funding, designated community organizations shall be responsible for 29
engaging and educating tenants of their rights in eviction proceedings, including, but not limited 30
to: 31
(i) Hosting trainings and other workshops for tenants; 32
(ii) Distributing written information to tenants; 33
(iii) Assisting tenants in forming and maintaining tenant associations; and 34
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(iv) Referring tenants to designated legal organization and other activities to engage, 1
educate, or inform tenants of their rights in eviction proceedings. Engagement and education shall 2
be provided in diverse languages; 3
(6) Create and make available resources for individuals with regard to their rights in civil 4
legal matters regarding housing accommodations in the languages required by law and such 5
additional languages as may be necessary; and 6
(7) Promulgate any rules, regulations, and guidance necessary for the implementation of 7
the provisions of this chapter. 8
34-18.3-6. Provision of legal representation and community education. 9
In accordance with this chapter, the division shall develop programs to guarantee and 10
deliver: 11
(1) Legal representation to eligible individuals in covered proceedings throughout the state; 12
and 13
(2) Community outreach and education through one or more designated community 14
organizations regarding the programs created by this chapter. 15
(b) In creating the programs under subsection (a) of this section, the director shall consult 16
with the following: 17
(1) Tenants or representatives of tenants, and community groups representing low-income 18
or other at-risk members of the community; 19
(2) Legal and community-based organizations; 20
(3) Representatives of the judiciary; 21
(4) Representatives of a municipality operating or funding a program providing legal 22
representation, legal consultation, or community education and outreach or representatives of the 23
organizations involved in such programs; and 24
(5) Any other organizations or individuals as may be necessary as determined by the 25
director. 26
(c) The division shall post on its website information regarding the programs created under 27
this section including how individuals may find services available in their community. 28
(d) The division shall hold one or more hearings or listening sessions in each municipality 29
of the state on an annual basis to evaluate the programs created pursuant to this section and to 30
incorporate any necessary changes to such programs. 31
(e) The division is responsible for creating an informational pamphlet in both English and 32
other languages as required by law and regulation which describes the legal rights of tenants and 33
the right to legal representation established within this bill, and provides information on resources 34
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available to tenants. 1
(f) A sheriff or constable shall provide a copy of the pamphlet described under subsection 2
(e) of this section in addition to the process served on a tenant, an assignee, or a subtenant in all 3
covered proceedings. 4
34-18.3-7. Lease provisions. 5
Any lease or contract for rental of residential property shall provide notice of the tenant's 6
right to legal representation pursuant to this chapter. Lease provisions waiving the right to legal 7
representation or otherwise limiting the tenant's right to obtain legal representation shall be void 8
and unenforceable. 9
34-18.3-8. Severability. 10
If any clause, sentence, paragraph, section, or part of this chapter or its application to any 11
individual or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be 12
invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its 13
application to other individuals or circumstances; provided, however, that judgment shall be 14
confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the 15
controversy in which that judgment shall have been rendered. 16
SECTION 3. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential 17
Landlord and Tenant Act" is hereby amended to read as follows: 18
34-18-56. Notices and complaint forms. 19
(a) A notice in substantially the following language shall suffice for the purpose of giving 20
a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant 21
to § 34-18-35: 22
FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT 23
R.I.G.L. 34-18-35 24
Date of Mailing: _____________________ 25
TO: __________________________ 26
(tenant) 27
_____________________________ 28
_____________________________ 29
You are now more than fifteen days in arrears for some or all of the rent owed under your 30
rental agreement. State law requires that you be sent this Notice of arrearage. 31
Unless you make payment of all rent in arrears within five days of the date this notice was 32
mailed to you, an eviction action may be instituted in court against you. You can prevent the 33
eviction by paying all rent owing within five days of the mailing of this notice. 34
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If you believe you have a legal reason for not paying this rent, you will be able to present 1
that defense at the eviction hearing. You may be entitled to legal representation through a 2
designated legal organization. Contact the Rhode Island Department of Housing, Division of Civil 3
Representation. The rent in arrears as of the above date is $_____________. 4
_________________________ 5
(signature) 6
_________________________ 7
_________________________ 8
(name and address of 9
land-lord/owner) 10
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 11
addressed to the tenant, on the ________ day of ________________________, 20______. 12
__________________________ 13
(landlord or owner signature) 14
(b) A notice in substantially the following language shall suffice for the purpose of giving 15
a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: 16
NOTICE OF NONCOMPLIANCE 17
R.I.G.L. 34-18-36 18
Date of Mailing: ____________________ 19
TO: __________________________ 20
(tenant) 21
_____________________________ 22
_____________________________ 23
(address) 24
You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-25
24, because you: 26
_____________________________________________________________________ 27
_____________________________________________________________________ 28
_____________________________________________________________________ 29
(provide details) 30
To remedy this situation you must do the following within twenty days of the date of 31
mailing of this Notice: 32
_____________________________________________________________________ 33
_____________________________________________________________________ 34
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_____________________________________________________________________ 1
If you do not remedy this situation within twenty days, your rental agreement will terminate 2
without further notice on __________ (date, which must be not less than twenty-one days from the 3
date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your 4
noncompliance if this is the second notice on the same subject within the past six months.) After 5
that date an eviction case may begin in court, and you may be served with a complaint. You will 6
have the right to a hearing and to present any defenses you believe you have. You may be entitled 7
to legal representation through a designated legal organization. Contact the Rhode Island 8
Department of Housing, Division of Civil Representation. 9
__________________________ 10
(signature) 11
__________________________ 12
__________________________ 13
(name and address of 14
land-lord/owner) 15
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 16
addressed to the tenant, on the ________ day of ________________________, 20______. 17
__________________________ 18
(landlord or owner signature) 19
(c) A notice in substantially the following language shall suffice for the purpose of giving 20
a tenant notice of termination of tenancy pursuant to § 34-18-37: 21
NOTICE OF TERMINATION OF TENANCY 22
R.I.G.L. 34-18-37 23
Date of Mailing: _______________________ 24
TO: _________________________ 25
(tenant) 26
_____________________________ 27
_____________________________ 28
(address) 29
You are hereby directed to vacate and remove your property and personal possessions from 30
the premises located at __________________________________ and deliver control of the 31
(address of premises) 32
premises to the landlord/owner on the first day after the end of your current rental period, namely 33
____________________. 34
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(insert date) 1
This notice is given for the purpose of terminating your tenancy. You must continue to pay 2
rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment 3
eviction action may be instituted against you. 4
If you fail to vacate the premises by the date specified, an eviction may be instituted against 5
you without further notice. If you believe you have a defense to this termination, you will be able 6
to raise that defense at the court hearing. You may be entitled to legal representation through a 7
designated legal organization. Contact the Rhode Island Department of Housing, Division of Civil 8
Representation. 9
_________________________ 10
(signature) 11
_________________________ 12
_________________________ 13
(name and address of 14
land-lord/owner) 15
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 16
addressed to the tenant, on the ________ day of ________________________, 20______. 17
__________________________ 18
(landlord or owner signature) 19
(d) A complaint in substantially the following language shall suffice for the purpose of 20
commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: 21
State of Rhode Island 22
_______________________, Sc. DISTRICT COURT 23
____________________________ DIVISION ________ 24
PLAINTIFF DEFENDANT 25
____________________________ _________________________ 26
(Landlord's Name) (Tenant's Name) 27
V 28
_____________________________ __________________________ 29
_____________________________ __________________________ 30
_____________________________ __________________________ 31
(address) (address of rental premises) 32
COMPLAINT FOR EVICTION 33
FOR NONPAYMENT OF RENT 34
LC000836 - Page 11 of 20
R.I.G.L. 34-18-35 1
1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant 2
Tenant currently resides. 3
2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from 4
the defendant. The rent is $__________ per __________, and the amount in arrears is $________ 5
as of the __________ day of __________, 20____. 6
(month) 7
3. Plaintiff has served the five-day demand notice as required by law, and a copy of that 8
notice is attached to this complaint. The notice was mailed to the defendant on the __________ day 9
of ________, 20____. 10
4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either 11
before or after the demand notice. Defendant remains in possession of the rental premises. 12
WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the 13
premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. 14
__________________________ 15
(Name & address of landlord/owner 16
or attorney for landlord) 17
_________________________ 18
Date complaint filed with clerk __________________ 19
(e) A complaint in substantially the following language shall suffice for the purpose of 20
commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-21
36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy 22
pursuant to § 34-18-38: 23
STATE OF RHODE ISLAND 24
_______________________, Sc. DISTRICT COURT 25
____________________________ DIVISION _______ 26
PLAINTIFF DEFENDANT 27
____________________________ _________________________ 28
(Landlord's Name) (Tenant's Name) 29
V 30
_______________________________ __________________________ 31
_______________________________ __________________________ 32
(address) (address of rental premises) 33
COMPLAINT FOR EVICTION 34
LC000836 - Page 12 of 20
FOR REASON OTHER THAN 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
_______________________________________________________________________ 17
for __________________________________________________________________ 18
_____________________________________________________________________ 19
_____________________________________________________________________ 20
(explain basis for money claim) 21
Plaintiff seeks costs and fees (if applicable). 22
__________________________ 23
(Signature of Landlord/Owner or 24
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 COURT 33
____________________________ DIVISION _____________ 34
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PLAINTIFF DEFENDANT 1
____________________________ __________________________ 2
(Name) (Name) 3
V 4
_______________________________ __________________________ 5
_______________________________ __________________________ 6
_______________________________ __________________________ 7
(address) (address of rental premises) 8
LANDLORD-TENANT COMPLAINT 9
(NOT FOR USE IN EVICTIONS) 10
1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises 11
at. _____________________________________________________________________ 12
(address of rental premises) 13
2. Defendant is the ____ Tenant ____ Landlord/Owner. 14
3. Plaintiff claims that defendant has breached the obligations of the rental agreement or 15
law in relation to this landlord-tenant relationship, as follows: 16
_____________________________________________________________________ 17
_____________________________________________________________________ 18
_____________________________________________________________________ 19
(brief description of claim, attach extra sheet, if necessary) 20
4. Plaintiff seeks the following judgment or relief from the Court: 21
_____________________________________________________________________ 22
_____________________________________________________________________ 23
_____________________________________________________________________ 24
Date Complaint Filed ____________________________________ 25
With Clerk: __________ (Signature of plaintiff or plaintiff's 26
attorney) 27
__________________________ 28
(address) 29
(g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 30
shall be in substantially the following form: 31
STATE OF RHODE ISLAND 32
DISTRICT COURT SUMMONS 33
EVICTION-NONPAYMENT OF RENT 34
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DIVISION COUNTY CIVIL ACTION-FILE NO. 1
Address of Court: 2
__________________________________ ______________________________ 3
__________________________________ ______________________________ 4
__________________________________ ______________________________ 5
(name & address of plaintiff landlord) (name & address of defendant-tenant) 6
TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If 7
you do nothing, you will lose by default and be evicted. If you claim any defense, you must 8
complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You 9
should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. 10
on the hearing date, at the court address listed above. You should go to the hearing or you may lose 11
by default. If you think the case is "settled," you should still go to the hearing to make sure the 12
settlement is in the court record. You may be entitled to legal representation through a designated 13
legal organization. Contact the Rhode Island Department of Housing, Division of Civil 14
Representation. 15
YOUR HEARING DATE IS: ________________________________. 16
(Proof of Service on next page) 17
________________________________________ 18
PROOF OF SERVICE 19
I hereby certify that I served a copy of the Complaint and Summons & Answer upon the 20
defendant(s) by delivering or leaving said papers in the following manner: 21
______ to the defendant personally; or 22
______ at his or her dwelling unit or usual place of abode at the23
address listed below with a person of suitable age then residing 24
therein; or 25
______ if none be found, by posting conspicuously on the door 26
to the defendant's dwelling unit. 27
ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: 28
______________________________________________________________________ 29
NAME OF PERSON OF SUITABLE AGE: 30
______________________________________________________________________ 31
SERVICE DATE:_________________________________________________________ 32
DEPUTY SHERIFF/CONSTABLE: _________________________________________ 33
CERTIFICATE OF SERVICE 34
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I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. 1
Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed 2
to defendant at the following address: 3
________________________________________________. 4
_________________________ 5
(Signature of ________ Clerk) 6
(h) The summons in an action for eviction for noncompliance with the rental agreement 7
pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy 8
pursuant to § 34-18-38, shall be in substantially the following form: 9
State of Rhode Island 10
District Court Summons 11
EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT 12
DIVISION COUNTY CIVIL ACTION-FILE NO. 13
_______________________________________________________________________ 14
_______________________________________________________________________ 15
Address of Court: 16
V 17
__________________________________ ____________________________ 18
__________________________________ _____________________________ 19
(name & address of plaintiff landlord) (name & address of defendant- tenant) 20
TO THE TENANT: You are served with an eviction complaint for noncompliance with 21
rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration 22
of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you 23
claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk 24
within TWENTY (20) days after you are served with this summons and complaint. You should also 25
mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed 26
ANSWER, then you will receive another written notice telling you when the hearing will be. If you 27
have any questions, you may consult a lawyer. If you think the case is "settled" you should still file 28
the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. You 29
may be entitled to legal representation through a designated legal organization. Contact the Rhode 30
Island Department of Housing, Division of Civil Representation. 31
(Proof of Service on next page) 32
________________________________________ 33
PROOF OF SERVICE 34
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I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon 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
______________________________________________________________________ 10
Name of person of suitable age or of agent: 11
______________________________________________________________________ 12
Service Date: ____________________ 13
Deputy Sheriff/Constable (circle one): 14
__________________________ 15
(signature) 16
(i) The summons in an action relating to any claims by tenants, or by landlords other than 17
for eviction, shall be in substantially the following form: 18
State of Rhode Island 19
District Court Summons 20
____________ ____________ 21
DIVISION COUNTY CIVIL ACTION-FILE NO. 22
____________________ 23
____________________________ ___________________________ 24
PLAINTIFF PLAINTIFF'S ATTORNEY 25
____________________________ 26
ADDRESS 27
_________________ vs 28
DEFENDANT 29
__________________________ 30
DEFENDANT'S ADDRESS 31
__________________________32
__________________________________ 33
TO THE ABOVE-NAMED DEFENDANT: 34
LC000836 - Page 17 of 20
You are hereby summoned and required to serve upon the plaintiff's attorney, whose name 1
and address appears above, an answer to the complaint which is herewith served upon you. Your 2
answer must be made within 20 days after service of this summons, excluding the date of service. 3
The original must be filed in writing with this court. If you fail to do so, judgment by default will 4
be taken against you for the relief demanded in the complaint. You may be entitled to legal 5
representation through a designated legal organization. Contact the Rhode Island Department of 6
Housing, Division of Civil Representation. 7
______________________________ _________________________ 8
DATE CLERK 9
______________________________ __________________________ 10
SEAL OF THE DISTRICT COURT DATE RECEIVED 11
PROOF OF SERVICE 12
I hereby certify that on the date below I served a copy of this summons and a copy of the 13
complaint received herewith upon the above-named defendant by delivering or leaving said papers 14
in the following manner: 15
□ to the defendant personally. 16
□ at his dwelling house or usual place of abode at the address entered 17
below, with a person of suitable age and discretion then residing therewith. 18
□ to an agent named below authorized by appointment or by law to receive 19
service of process. 20
□ Further notice as required by statute was given as noted on the reverse 21
side. 22
_______________________________________________________________________ 23
Address of Dwelling or Usual Place of Abode 24
_______________________________________________________________________ 25
Name of Authorized Agent or Person of Suitable Age 26
______________________________ __________________________ 27
Date Deputy Sheriff/Constable 28
______________________________ _________________________ 29
SERVICE FEE $________ 30
(j) The blank answer served in eviction actions shall be in substantially the following form: 31
State of Rhode Island 32
_______________________, Sc. DISTRICT COURT 33
____________________________ DIVISION _____________ 34
LC000836 - Page 18 of 20
PLAINTIFF DEFENDANT 1
____________________________ _________________________ 2
(Landlord's Name) (Tenant's Name) 3
V 4
__________________________________ __________________________ 5
__________________________________ __________________________ 6
(address) (address of rental premises) 7
INSTRUCTIONS TO THE DEFENDANT 8
Listed below are several possible defenses to the eviction action your landlord has filed 9
against you. If one or more of these defenses apply to your case, check the appropriate box(es). If 10
space is provided, write in facts in support of that defense. Use additional paper if necessary. Some 11
of these defenses are technical, and there may be others not listed here. You may consult a lawyer 12
and seek representation before filling out this Answer. You may be entitled to legal representation 13
through a designated legal organization. Contact the Rhode Island Department of Housing, Division 14
of Civil Representation. 15
TENANT'S ANSWER 16
The complaint against me is untrue or fails to state the following facts: 17
I offered rent, but my landlord refused it. I am still able and willing to pay the rent. 18
I have a defense for nonpayment because the landlord has failed to maintain the premises 19
in a fit and habitable condition. 20
My rent has not been paid, but I have a legally justifiable defense for not paying: 21
I have a written lease which does not expire until: 22
I have not received the required notice from the landlord before this complaint was served 23
on me. 24
The landlord is trying to evict me because I have exercised my legal rights by calling code 25
enforcement officials, or by taking the following protected action: 26
I have other defenses as follow: 27
WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a 28
judgment in my favor and not order me to be evicted. 29
COUNTERCLAIM 30
Instructions: If you believe you are entitled to be awarded damages or money for any reason 31
from your landlord, you may fill out the statement below: 32
I hereby sue my landlord for the amount of $_____________. 33
I believe I am entitled to receive an award of this amount because 34
LC000836 - Page 19 of 20
_____________________________________________________________________ 1
__________________________________ _________________________ 2
Name of Defendant (or attorney) Signature of Defendant 3
___________________________________ 4
Address 5
___________________________________ 6
Telephone number 7
___________________________________ 8
SECTION 4. This act shall take effect upon passage. 9
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LC000836 - Page 20 of 20
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- RESIDENTIAL TENANT'S RIGHT TO LEGAL
REPRESENTATION ACT
***
This act would create the division of civil representation within the department of housing 1
and require a designated legal organization to provide legal representation to all tenants who qualify 2
in eviction proceedings. The act would also provide that notice of a tenant’s right to legal 3
representation be included in all residential landlord/tenant complaint forms and that any attempt 4
to waive that right in a lease would be void. 5
This act would take effect upon passage. 6
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