§ 34-18-56. Notices and complaint forms.
(a) A notice in substantially the following language shall suffice for the purpose of giving a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant to § 34-18-35:
FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENTR.I.G.L. 34-18-35Date of Mailing: ________
TO: _____________
(tenant)
_____________
_____________
You are now more than fifteen days in arrears for some or all of the rent owed under your rental agreement. State law requires that you be sent this Notice of arrearage.
Unless you make payment of all rent in arrears within five days of the date this notice was mailed to you, an eviction action may be instituted in court against you. You can prevent the eviction by paying all rent owing within five days of the mailing of this notice.
If you believe you have a legal reason for not paying this rent, you will be able to present that defense at the eviction hearing. The rent in arrears as of the above date is $_______ .
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, addressed to the tenant, on the _____ day of ____________ , 20___ .
(b) A notice in substantially the following language shall suffice for the purpose of giving a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36:
NOTICE OF NONCOMPLIANCER.I.G.L. 34-18-36Date of Mailing: ________
TO: _____________
(tenant)
_____________
_____________
(address)
You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-24, because you:
_________________________________________
_________________________________________
_________________________________________
To remedy this situation you must do the following within twenty days of the date of mailing of this Notice:
_________________________________________
_________________________________________
_________________________________________
If you do not remedy this situation within twenty days, your rental agreement will terminate without further notice on _____ (date, which must be not less than twenty-one days from the date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your noncompliance if this is the second notice on the same subject within the past six months.) After that date an eviction case may begin in court, and you may be served with a complaint. You will have the right to a hearing and to present any defenses you believe you have.
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, addressed to the tenant, on the _____ day of ____________ , 20___ .
(c) A notice in substantially the following language shall suffice for the purpose of giving a tenant notice of termination of tenancy pursuant to § 34-18-37:
NOTICE OF TERMINATION OF TENANCYR.I.G.L. 34-18-37Date of Mailing:________
TO: _____________
(tenant)
_____________
_____________
(address)
You are hereby directed to vacate and remove your property and personal possessions from the premises located at _________________________________________
This notice is given for the purpose of terminating your tenancy. You must continue to pay rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment eviction action may be instituted against you.
If you fail to vacate the premises by the date specified, an eviction may be instituted against you without further notice. If you believe you have a defense to this termination, you will be able to raise that defense at the court hearing.
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, addressed to the tenant, on the _____ day of ____________ , 20___ .
(d) A complaint in substantially the following language shall suffice for the purpose of commencing an eviction action for nonpayment of rent pursuant to § 34-18-35:
State of Rhode Island
COMPLAINT FOR EVICTIONFOR NONPAYMENT OF RENTR.I.G.L. 34-18-35
1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant Tenant currently resides.
2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from the defendant. The rent is $______ per ______ , and the amount in arrears is $______ as of the _____ day of ______ , 20___ .
3. Plaintiff has served the five-day demand notice as required by law, and a copy of that notice is attached to this complaint. The notice was mailed to the defendant on the _____ day of ______ , 20___ .
4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either before or after the demand notice. Defendant remains in possession of the rental premises.
WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the premises (eviction of the tenant) and for back rent in the amount of $______ , plus costs.
Date complaint
filed with clerk _____
(e) A complaint in substantially the following language shall suffice for the purpose of commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy pursuant to § 34-18-38:
STATE OF RHODE ISLAND
COMPLAINT FOR EVICTIONFOR REASON OTHER THANNONPAYMENT OF RENTR.I.G.L. 34-18-36R.I.G.L. 34-18-38
1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant Tenant(s) resides.
2. CHECK ONE:
__ Defendant breached the tenant’s obligations under the rental agreement or § 34-18-24 as set forth in the attached copy of the notice of noncompliance which was mailed to the defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required notice of noncompliance.)
__ Defendant has remained in possession of the rented premises following the period set forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff must attach copy of required termination notice.)
__ Defendant breached the tenants’ obligations under § 34-18-24(8), (9) or (10).
3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of _________________________________________
for _________________________________________
_________________________________________
_________________________________________
_________________________________________
Date complaint filed
with clerk _____
(f) A complaint in substantially the following language, or in similar language, shall be sufficient for use by landlords or by tenants to bring any claims or causes of action other than eviction actions:
NOT FOR EVICTION
State of Rhode Island
LANDLORD-TENANT COMPLAINT (NOT FOR USE IN EVICTIONS)
1. Plaintiff is the ___ Tenant ___ Landlord/Owner of the rental premises at ____________________ .
2. Defendant is the ___ Tenant ___ Landlord/Owner.
3. Plaintiff claims that defendant has breached the obligations of the rental agreement or law in relation to this landlord-tenant relationship, as follows:
_________________________________________
_________________________________________
_________________________________________
(brief description of claim, attach extra sheet, if necessary)
4. Plaintiff seeks the following judgment or relief from the Court:
_________________________________________
_________________________________________
_________________________________________
Date Complaint Filed ____________________
With Clerk: _____ (Signature of plaintiff or plaintiff's
(g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 shall be in substantially the following form:
STATE OF RHODE ISLANDDISTRICT COURT SUMMONSEVICTION-NONPAYMENT OF RENTDIVISION COUNTY CIVIL ACTION-FILE NO.
TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If you do nothing, you will lose by default and be evicted. If you claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You should also mail a copy to the landlord or the landlord’s lawyer. Your hearing will be at 9:30 A.M. on the hearing date, at the court address listed above. You should go to the hearing or you may lose by default. If you think the case is “settled,” you should still go to the hearing to make sure the settlement is in the court record.
YOUR HEARING DATE IS: ________________ .
I hereby certify that I served a copy of the Complaint and Summons & Answer upon the defendant(s) by delivering or leaving said papers in the following manner:
ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:
_________________________________________
NAME OF PERSON OF SUITABLE AGE:
_________________________________________
SERVICE DATE: _________________________________________
DEPUTY SHERIFF/CONSTABLE: _________________________________________
_________________________________________
I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. Mail, postage prepaid, on the _____ day of ______ , 20___ , addressed to defendant at the following address:
____________________ .
(h) The summons in an action for eviction for noncompliance with the rental agreement pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy pursuant to § 34-18-38, shall be in substantially the following form:
State of Rhode Island
District Court Summons
EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT
DIVISION COUNTY CIVIL ACTION-FILE NO.
_______________________________________________________________________ _________________________________________
TO THE TENANT: You are served with an eviction complaint for noncompliance with rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk within TWENTY (20) days after you are served with this summons and complaint. You should also mail a copy of the ANSWER to the landlord or the landlord’s lawyer. If you file the enclosed ANSWER, then you will receive another written notice telling you when the hearing will be. If you have any questions, you may consult a lawyer. If you think the case is “settled” you should still file the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk’s office.
(Proof of Service on next page)
________________
PROOF OF SERVICE
I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon the defendant(s) by delivering or leaving said papers in the following manner:
__ to the defendant personally
__ at his/her dwelling unit or usual place of abode at the address listed below, with a person of suitable age then residing therein
__ to an agent named below authorized by appointment or by law to receive service of process
__ further notice as required by law was given as noted below
Address of dwelling or usual place of abode:
_________________________________________
Name of person of suitable age or of agent:
_________________________________________
Service Date: _____
Deputy Sheriff/Constable (circle one):
(i) The summons in an action relating to any claims by tenants, or by landlords other than for eviction, shall be in substantially the following form:
State of Rhode Island
District Court Summons
TO THE ABOVE-NAMED DEFENDANT:
You are hereby summoned and required to serve upon the plaintiff’s attorney, whose name and address appears above, an answer to the complaint which is herewith served upon you. Your answer must be made within 20 days after service of this summons, excluding the date of service. The original must be filed in writing with this court. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
PROOF OF SERVICE
I hereby certify that on the date below I served a copy of this summons and a copy of the complaint received herewith upon the above-named defendant by delivering or leaving said papers in the following manner:
_________________________________________
Address of Dwelling or Usual Place of Abode
_________________________________________
Name of Authorized Agent or Person of Suitable Age
(j) The blank answer served in eviction actions shall be in substantially the following form:
State of Rhode Island
INSTRUCTIONS TO THE DEFENDANT
TENANT’S ANSWER
WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a judgment in my favor and not order me to be evicted.
COUNTERCLAIM
Instructions: If you believe you are entitled to be awarded damages or money for any reason from your landlord, you may fill out the statement below:
I hereby sue my landlord for the amount of $______ .
I believe I am entitled to receive an award of this amount because
_________________________________________
_______________ ____________
Name of Defendant (or attorney) Signature of Defendant
_______________
Address
_______________
Telephone number
History of Section.P.L. 1986, ch. 200, § 2; P.L. 1988, ch. 649, § 1; P.L. 1989, ch. 229, § 1.
Structure Rhode Island General Laws
Chapter 34-18 - Residential Landlord and Tenant Act
Section 34-18-1. - Short title.
Section 34-18-2. - Purposes — Rules of construction.
Section 34-18-3. - Supplementary principles of law applicable.
Section 34-18-4. - Construction against implicit repeal.
Section 34-18-5. - Administration of remedies — Enforcement.
Section 34-18-6. - Temporary restraining orders — Ex parte proceedings.
Section 34-18-7. - Application.
Section 34-18-8. - Exclusions from application of chapter.
Section 34-18-9. - Jurisdiction.
Section 34-18-10. - Service of process for actions pursuant to chapter.
Section 34-18-11. - Definitions.
Section 34-18-12. - Obligation of good faith.
Section 34-18-13. - Unconscionability.
Section 34-18-15. - Terms and conditions of rental agreement.
Section 34-18-16. - Effect of unsigned or undelivered rental agreement.
Section 34-18-16.1. - Rent increases — Notice requirements.
Section 34-18-17. - Prohibited provisions in rental agreements.
Section 34-18-18. - Receipt of rent free of maintenance obligations forbidden.
Section 34-18-19. - Security deposits.
Section 34-18-20. - Disclosure.
Section 34-18-21. - Landlord to deliver possession of dwelling unit.
Section 34-18-22. - Landlord to maintain premises.
Section 34-18-22.1. - Landlord’s duty to notify tenant of violation.
Section 34-18-22.2. - Landlord’s duty regarding compliance with zoning and minimum housing laws.
Section 34-18-22.3. - Nonresident landlord to designate agent for service of process.
Section 34-18-23. - Limitation of liability upon sale or change of management.
Section 34-18-24. - Tenant to maintain dwelling unit.
Section 34-18-25. - Rules and regulations.
Section 34-18-27. - Tenant to use and occupy.
Section 34-18-28. - Noncompliance by the landlord in general.
Section 34-18-29. - Failure to deliver possession.
Section 34-18-30. - Self-help for limited repairs.
Section 34-18-31. - Wrongful failure to supply heat, water, hot water, or essential services.
Section 34-18-32. - Landlord’s noncompliance as defense to action for possession or rent.
Section 34-18-33. - Fire or casualty damage.
Section 34-18-35. - Eviction for nonpayment of rent.
Section 34-18-36. - Eviction for noncompliance with rental agreement.
Section 34-18-37. - Termination of periodic tenancy.
Section 34-18-38. - Eviction for unlawfully holding over after termination or expiration of tenancy.
Section 34-18-38.2. - Just cause needed for eviction of foreclosed residential property tenants.
Section 34-18-39. - Failure to maintain.
Section 34-18-40. - Remedies for abandonment.
Section 34-18-41. - Waiver of landlord’s right to terminate.
Section 34-18-42. - Landlord liens — Distraint for rent abolished.
Section 34-18-43. - Remedy after termination.
Section 34-18-44. - Self-help recovery of possession prohibited.
Section 34-18-45. - Landlord and tenant remedies for abuse of access.
Section 34-18-46. - Retaliatory conduct prohibited.
Section 34-18-48. - Execution.
Section 34-18-49. - Payment of rent on stay of execution.
Section 34-18-50. - Payment of moving costs required.
Section 34-18-51. - Issuance of execution on nonpayment of rent.
Section 34-18-52. - Payment of rent during pendency of appeal.
Section 34-18-53. - Dismissal of appeal for nonpayment of rent during pendency of appeals.
Section 34-18-54. - Savings clause.
Section 34-18-55. - Severability.
Section 34-18-56. - Notices and complaint forms.
Section 34-18-57. - Providence and Warwick Absentee Landlord Enforcement Act.