§ 34-18-56 - Notices and complaint forms.
SECTION 34-18-56
§ 34-18-56 Notices and complaint forms.– (a) A notice in substantially the following language shall suffice for thepurpose of giving a tenant a five (5) day demand for payment of rent prior tocommencement of an eviction pursuant to § 34-18-35:
FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT R.I.G.L.34-18-35 Date of Mailing: ]]]]]]]]]]]]]]]]
TO: ]]]]]]]]]]]]]]]]]]]]]]]]]]
(tenant)
]]]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]
You are now more than fifteen days in arrears for some or allof the rent owed under your rental agreement. State law requires that you besent this Notice of arrearage.
Unless you make payment of all rent in arrears within fivedays of the date this notice was mailed to you, an eviction action may beinstituted in court against you. You can prevent the eviction by paying allrent owing within five days of the mailing of this notice.
If you believe you have a legal reason for not paying thisrent, you will be able to present that defense at the eviction hearing. Therent in arrears as of the above date is $]]]]]]]]]]]]].
(signature)
(name and address of land-
lord/owner)
I certify that I placed in regular U.S. mail, first classpostage prepaid, a copy of this Notice, addressed to the tenant, on the]]]]]]]] day of ]]]]]]]]]]]]]]]]]]]]]]]], 19]]]]]].
(landlord or owner signature)
(b) A notice in substantially the following language shallsuffice for the purpose of giving a tenant a notice of noncompliance with therental agreement pursuant to § 34-18-36:
NOTICE OF NONCOMPLIANCE R.I.G.L. 34-18-36 Date ofMailing: ]]]]]]]]]]]]]]]]
TO: ]]]]]]]]]]]]]]]]]]]]]]]]]]
(tenant)
]]]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]
(address)
You are in breach of your rental agreement, or of your legalduties under R.I.G.L. 34-18-24, because you:
(provide details)
To remedy this situation you must do the following withintwenty days of the date of mailing of this Notice:
If you do not remedy this situation within twenty days, yourrental agreement will terminate without further notice on ]]]]]]]]]] (date,which must be not less than twenty-one days from the date of mailing of thisNotice). (NOTE: Under the law you lose this right to remedy your noncomplianceif 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 witha complaint. You will have the right to a hearing and to present any defensesyou believe you have.
(signature)
(name and address of land-
lord/owner)
I certify that I placed in regular U.S. mail, first classpostage prepaid, a copy of this Notice, addressed to the tenant, on the]]]]]]]] day of ]]]]]]]]]]]]]]]]]]]]]]]], 19]]]]]].
(landlord or owner signature)
(c) A notice in substantially the following language shallsuffice for the purpose of giving a tenant notice of termination of tenancypursuant to § 34-18-37:
NOTICE OF TERMINATION OF TENANCY R.I.G.L. 34-18-37 Dateof Mailing: ]]]]]]]]]]]]]]]]
TO: ]]]]]]]]]]]]]]]]]]]]]]]]]]
(tenant)
]]]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]
(address)
You are hereby directed to vacate and remove your propertyand personal possessions from the premises located at
(address of premises)
and deliver control of the premises to the landlord/owner onthe first day after the end of your current rental period, namely ]]]]]]]]]]]].
(insert date)
This notice is given for the purpose of terminating yourtenancy. You must continue to pay rent as it becomes due until the dateindicated above. If you fail to pay that rent, a nonpayment eviction action maybe instituted against you.
If you fail to vacate the premises by the date specified, aneviction may be instituted against you without further notice. If you believeyou have a defense to this termination, you will be able to raise that defenseat the court hearing.
(signature)
(name and address of land-
lord/owner)
I certify that I placed in regular U.S. mail, first classpostage prepaid, a copy of this Notice, addressed to the tenant, on the]]]]]]]] day of ]]]]]]]]]]]]]]]]]]]]]]]], 19]]]]]].
(landlord or owner signature)
(d) A complaint in substantially the following language shallsuffice for the purpose of commencing an eviction action for nonpayment of rentpursuant to § 34-18-35:
State of Rhode Island and Providence Plantations
]]]]]]]]]]]]]]]]]]]], Sc. DISTRICTCOURT
]]]]]]]]]]]]]]]]]]]]]]]]]]]] ]]]]]]]]]]]]] DIVISION
PLAINTIFF DEFENDANT
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
(Landlord's Name) (Tenant's Name)
V
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
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(address) (address of rental premises)
COMPLAINT FOR EVICTION FOR NONPAYMENT OF RENT R.I.G.L.34-18-35
1. Plaintiff is the owner/landlord of the rental premiseslisted above, in which the Defendant Tenant currently resides.
2. Defendant is more than fifteen days in arrears in rentalpayments due to the plaintiff from the defendant. The rent is $]]]]]]]]]] per]]]]]]]]]], and the amount in arrears is $]]]]]]]] as of the ]]]]]]]]]] day of]]]]]]]]]], 19]]]].
(month)
3. Plaintiff has served the five-day demand notice asrequired by law, and a copy of that notice is attached to this complaint. Thenotice was mailed to the defendant on the ]]]]]]]]]] day of ]]]]]]]], 19]]]].
4. Defendant has not paid the rent in arrears or offered thefull amount in arrears, either before or after the demand notice. Defendantremains in possession of the rental premises.
WHEREFORE, Plaintiff requests that this Court grant ajudgment for possession of the premises (eviction of the tenant) and for backrent in the amount of $]]]]]]]]]]]]]], plus costs.
(Name & address of landlord/owner
or attorney for landlord)
Date complaint
filed with clerk ]]]]]]]]]]
(e) A complaint in substantially the following language shallsuffice for the purpose of commencing an eviction action for noncompliance withthe rental agreement pursuant to § 34-18-36, or an eviction action forunlawfully holding over after expiration or termination of the tenancy pursuantto § 34-18-38:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
]]]]]]]]]]]]]]]]]], Sc. DISTRICT COURT
]]]]]]]]]]]]]]]]]]]]]]]]]]]] ]]]]]]]]]]]]] DIVISION
PLAINTIFF DEFENDANT
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
(Landlord's Name) (Tenant's Name)
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] V
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
(address) (address of rental premises)
COMPLAINT FOR EVICTION FOR REASON OTHER THAN NONPAYMENTOF RENT R.I.G.L. 34-18-36 R.I.G.L. 34-18-38
1. Plaintiff Landlord(s) owns the rental premises listedabove, in which the Defendant Tenant(s) resides.
2. CHECK ONE:
]]]] Defendant breached the tenant's obligationsunder the rented agreement or § 34-18-24 as set forth in the attached copyof the notice of noncompliance which was mailed to the defendant. Defendant hasnot cured or remedied the breach. (Plaintiff must attach copy of requirednotice of noncompliance.)
]]]] Defendant has remained in possession of therented premises following the period set forth in the attached notice oftermination of tenancy which was mailed to defendant. (Plaintiff must attachcopy of required termination notice.)
]]]] Defendant breached the tenants' obligationsunder § 34-18-24(8), (9) or (10).
3. Plaintiff seeks judgment for possession of the premisesplus judgment in the amount of
for
(explain basis for money claim)
Plaintiff seeks costs and fees (if applicable).
(Signature of Landlord/Owner
or Attorney)
Date complaint filed
with clerk ]]]]]]]]]]
(f) A complaint in substantially the following language, orin similar language, shall be sufficient for use by landlords or by tenants tobring any claims or causes of action other than eviction actions:
NOT FOR EVICTION
State of Rhode Island and Providence Plantations
]]]]]]]]]]]]]]]]]]]], Sc. DISTRICTCOURT
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] ]]]]]]]]]]]]] DIVISION
PLAINTIFF DEFENDANT
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
(Name) (Name)
V
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
(address) (address of rental premises)
LANDLORD-TENANT COMPLAINT (NOT FOR USE IN EVICTIONS)
1. Plaintiff is the ]]]] Tenant ]]]] Landlord/Owner of therental premises at ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]].
(address of rental premises)
2. Defendant is the ]]]] Tenant ]]]] Landlord/Owner.
3. Plaintiff claims that defendant has breached theobligations of the rental agreement or law in relation to this landlord-tenantrelationship, as follows:
(brief description of claim, attach extra sheet, ifnecessary)
4. Plaintiff seeks the following judgment or relief from theCourt:
Date Complaint Filed
With Clerk: ]]]]]]]]]] (Signature of plaintiff or plaintiff's
attorney)
(address)
(g) The summons in an action for eviction for nonpayment ofrent pursuant to § 34-18-35 shall be in substantially the following form:
STATE OF RHODE ISLAND DISTRICT COURT SUMMONS
EVICTION-NONPAYMENT OF RENT DIVISION COUNTY CIVILACTION-FILE NO.
Address of Court
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
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(name & address of plaintiff (name & address of defendant-
landlord) tenant)
TO THE TENANT: You are served with an eviction complaint fornonpayment 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 itwith the Court Clerk at or before the hearing date. You should also mail a copyto the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. onthe hearing date, at the court address listed above. You should go to thehearing or you may lose by default. If you think the case is "settled," youshould still go to the hearing to make sure the settlement is in the courtrecord.
YOUR HEARING DATE IS: ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]].
(Proof of Service on next page)
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
PROOF OF SERVICE
I hereby certify that I served a copy of the Complaint andSummons & Answer upon the defendant(s) by delivering or leaving said papers inthe following manner:
]]]]]] to the defendant personally; or
]]]]]] at his or her dwelling unit or usual
place of abode at the address listed
below with a person of suitable age
then residing therein; or
]]]]]] if none be found, by posting conspicu-
ously on the door to the defendant's
dwelling unit.
ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:
NAME OF PERSON OF SUITABLE AGE:
SERVICE DATE:
DEPUTY SHERIFF/CONSTABLE:
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Complaint and Summonswas placed into regular U.S. Mail, postage prepaid, on the ]]]]]]]]]]]]]]]]]]day of ]]]]]]]]]]]]]]]], 19]]]], addressed to defendant at the followingaddress:
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]].
(Signature of ]]]]]]]]]]]] Clerk)
(h) The summons in an action for eviction for noncompliancewith the rental agreement pursuant to § 34-18-36, or for unlawfullyholding 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.
]]]]]]]]]]]]]]]]]] ]]]]]]]]]]]]]]]]
Address of Court:
]]]]]]]]]]]]]]]]]]]]]]]]]]]]
V
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(name & address of plaintiff(name & address of defendant-
landlord) tenant)
TO THE TENANT: You are served with an eviction complaint fornoncompliance with rental agreement (R.I.G.L. 34-18-36), or for unlawfullyholding over after termination or expiration of tenancy (R.I.G.L. 34-18-38). Ifyou do nothing, you will lose by default and be evicted. If you claim anydefense, you must complete the enclosed ANSWER and file it with the Court Clerkwithin 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'slawyer. If you file the enclosed ANSWER, then you will receive another writtennotice telling you when the hearing will be. If you have any questions, you mayconsult a lawyer. If you think the case is "settled" you should still file theenclosed ANSWER or be sure that the written settlement is in the file at theClerk'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 saidpapers in the following manner:
]]]] to the defendant personally
]]]] at his/her dwelling unit or usual place ofabode at the address listed below, with a person of suitable age then residingtherein
]]]] to an agent named below authorized byappointment or by law to receive service of process
]]]] further notice as required by law was givenas 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):
(signature)
(i) The summons in an action relating to any claims bytenants, or by landlords other than for eviction, shall be in substantially thefollowing form:
State of Rhode Island District Court Summons
]]]]]]]]]]]]]]]] ]]]]]]]]]]]]
DIVISION COUNTY CIVIL ACTION-FILE NO.
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
PLAINTIFF PLAINTIFF'S ATTORNEY
ADDRESS
]]]]]]]]]]]]]] vs ]]]]]]]]]]]]
DEFENDANT
DEFENDANT'S ADDRESS
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
TO THE ABOVE-NAMED DEFENDANT:
You are hereby summoned and required to serve upon theplaintiff's attorney, whose name and address appears above, an answer to thecomplaint which is herewith served upon you. Your answer must be made within 20days after service of this summons, excluding the date of service. The originalmust be filed in writing with this court. If you fail to do so, judgment bydefault will be taken against you for the relief demanded in the complaint.
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
DATE CLERK
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
SEAL OF THE DISTRICT COURT DATE RECEIVED
PROOF OF SERVICE
I hereby certify that on the date below I served a copy ofthis summons and a copy of the complaint received herewith upon the above-nameddefendant by delivering or leaving said papers in the following manner: