Rhode Island Landlord Tenant Law - Click here to return to US Landlord
The purpose of this site is to provide landlords and tenants with information about their responsibilities and legal rights. This site is not intended to be a substitute for professional legal advice. Because factual circumstances vary in each case, detailed legal research or opinion may be necessary to resolve any problems.TITLE 9
COURTS AND CIVIL PROCEDURE-- PROCEDURE GENERALLY
CHAPTER 9-12
DISTRICT COURT PRACTICE
SECTION 9-12-12
9-12-12 Appeal bond of defendant in action for possession of commercial or
other tenements
let. Every defendant in an action for the possession of commercial or other
tenements let or held
at will or sufferance, other than actions pursuant to Chapter 18 of Title 34
entitled the
"Residential Landlord and Tenant Act", claiming an appeal, shall, in
addition to making the
payments required by 9-12-10, give bond to the plaintiff, with one or more
sureties satisfactory
to the district court, to pay all rent or other moneys due, or which may become
due pending the
action under the tenancy, and such damages and costs as may be awarded against
him or her, such
bond to be filed with the clerk of the district court, or person acting as
clerk, at the time of
claiming an appeal.
TITLE 34
PROPERTY
CHAPTER 34-18
RESIDENTIAL LANDLORD AND TENANT ACT
34-18-1 Short title. This chapter shall be known and may be cited as the
"Residential
Landlord and Tenant Act".
34-18-2 Purposes --Rules of construction.
(a) This chapter shall be liberally construed and applied to promote its
underlying purposes
and policies.
(b) Underlying purposes and policies of this chapter are to:
(1) Simplify, clarify, modernize and revise the law governing the rental of
dwelling
units and the rights and obligations of landlords and tenants;
(2) Encourage landlords and tenants to maintain and improve the quality and
availability of housing;
(3) Make more uniform the law relating to residential landlord and tenant
relations
in those respects in which this chapter follows the "Uniform Residential
Landlord --Tenant Act".
34-18-3 Supplementary principles of law applicable.
(a) Unless displaced by the provisions of this chapter, the principles of law
and equity,
including the law relating to capacity to contract, mutuality of obligations,
principal and agent,
real property, public health, safety, and fire prevention, estoppel, fraud,
misrepresentation, duress,
coercion, mistake, bankruptcy, or other validating or invalidating cause
supplements its
provisions.
(b) This chapter shall apply to any rental agreement involving public housing or
any type
of federally subsidized or regulated housing except where:
(1) A particular subject matter has been pre-empted by federal law, or;
(2) A landlord or tenant has any rights or responsibilities derived from federal
law
or regulations which directly conflict with the provisions of this chapter, in
which
case the rights and responsibilities derived from federal laws and regulations
shall control.
34-18-4 Construction against implicit repeal. This chapter being a general
act intended as a
unified coverage of its subject matter, no part of it is to be construed as
impliedly repealed by
subsequent legislation if that construction can reasonably be avoided. In the
event of a conflict
between the provisions of this chapter and the provisions of chapters 18.1, 19,
or 20 of this title,
the provisions of this chapter shall control.
34-18-5 Administration of remedies --Enforcement.
(a) The remedies provided by this chapter shall be so administered that an
aggrieved party
may recover appropriate damages and injunctive relief, including temporary
restraining orders, as
set forth in 34-18-6. The aggrieved party has a duty to mitigate damages.
(b) Any right or obligation declared by this chapter is enforceable by action
unless
the provision declaring it specifies a different and limited effect.
34-18-6 Temporary restraining orders --Ex parte proceedings.
(a) No temporary restraining order shall be granted without notice to the
adverse party
unless it clearly appears from specific facts shown by affidavit or by the
verified complaint that
immediate and irreparable injury, loss, or damage will result to the applicant
before notice can be
served and a hearing had thereon. Every temporary restraining order granted
without notice shall
be endorsed with the date and hour of issuance; shall be filed forthwith in the
clerk's office and
entered of record; and shall expire by its terms within such time after entry,
not to exceed ten (10)
days, as the court fixes, unless within the time so fixed, the order by consent
or for good cause
shown and after hearing of argument by the parties or counsel, is extended for
an additional
period. In case a temporary order is granted without notice, the motion for a
preliminary
injunction shall be set down for hearing at the earliest possible time and shall
be given precedence
over all matters except older matters of the same character; and when the motion
comes on for
hearing, the party who obtained the temporary restraining order shall proceed
with the application
for a preliminary injunction, and, if he or she does not do so, the court shall
dissolve the
temporary restraining order.
(b) On two (2) days' notice to the party who obtained the temporary restraining
order
without notice, or on such shorter notice to that party as the court may
prescribe, the adverse
party may appear and move its dissolution or modification, and in that event the
court shall
proceed to hear and determine such motion as expeditiously as the ends of
justice require.
(c) Every order granting an injunction and every restraining order shall be
specific in
terms; shall describe in reasonable detail the act or acts sought to be
restrained; and is binding
only upon the parties to the action, their officers, agents, managers,
employees, and attorneys, and
upon those persons in active concert or participation with them who receive
actual notice of the
order by personal service or otherwise.
34-18-7 Application. This chapter applies to, regulates and determines
rights, obligations,
and remedies under a rental agreement, wherever made, for a dwelling unit
located within this
state.
34-18-8 Exclusions from application of chapter. Unless created to avoid
the application of
this chapter, the following arrangements are not governed by this chapter:
(1) Residence at an institution, public or private, if incidental to detention
or the provision
of medical, geriatric, educational, counseling, religious, or similar service;
(2) Occupancy under a contract of sale of a dwelling unit or the property of
which it is a
part, if the occupant is the purchaser or a person who succeeds to his or her
interest;
(3) Occupancy by a member of a fraternal or social organization in the portion
of a
structure operated for the benefit of the organization;
(4) Transient occupancy in a hotel, motel, or other lodging as defined under
44-18-7(11), which is subject to the state sales and use tax, or lodgings tax as
allowed by state
enabling legislation;
(5) Occupancy by a paid employee of a landlord, whose right to occupancy is
conditional
upon employment substantially for services, maintenance, or repair of premises
containing more
than eleven (11) units;
(6) Occupancy by a holder of a proprietary lease in a cooperative;
(7) Commercial letting and any other estate governed by chapter 18.1 of this
title;
(8) Residence at a transitional housing facility.
34-18-9 Jurisdiction. The district or appropriate housing court of this
state shall exercise
jurisdiction in both law and equity over any landlord or tenant with respect to
any conduct in this
state governed by this chapter or with respect to any claim arising from a
transaction subject to
this chapter. In addition to any other method provided by rule or by statute,
personal jurisdiction
over a landlord or tenant may be acquired in a civil action or proceeding
commenced in the court
by the service of process in the manner provided by 34-18-10(c).
34-18-10 Service of process for actions pursuant to chapter.
(a) (1) In actions for nonpayment of rent, the summons for eviction for
nonpayment of
rent shall be in the form provided in 34-18-56(g). At the time of filing
of the complaint, the
clerk shall mark the date of hearing upon the summons, which shall be the ninth
(9th) day after
filing of the complaint, or the first court day following the ninth (9th) day.
For the purposes of this
section only, the time of filing of the complaint shall be the date upon which
the clerk assigns a
case number to the action and the filing fee is paid to the clerk. On the same
day that the
complaint is filed, the plaintiff's attorney or, if pro se, the plaintiff, or if
more than one, the person
filing the complaint shall mail a copy of the summons and complaint and a blank
answer form as
provided in 34-18-56(j) by first class mail, to the defendant, shall
complete the proof of service
on a copy of the original summons and file the completed proof of service in the
appropriate
court. The clerk shall note on the docket the mailing date of the summons and
complaint, and
shall complete the proof of service on the original summons. The plaintiff shall
deliver the original
summons and a copy thereof, together with a copy of the complaint and a blank
answer form to
the sheriff or any constable of the county in which the appropriate court is
located. The officer
receiving the copies shall serve them by:
(i) Handing them to the defendant; or
(ii) Serving them at the defendant's dwelling unit to a person of suitable age
and discretion then residing therein; or
(iii) If none be found, by posting them conspicuously on the door to
defendant's dwelling unit.
(2) The sheriff or constable serving the summons and complaint shall make proof
of service on the original summons and shall file it with the clerk of the
appropriate court at or
before the time of the hearing. The proof of service shall show the manner and
the day, hour, and
place of service, and shall show that the defendant was served no less than five
(5) days before the
hearing.
(b) In all actions pursuant to this chapter other than for nonpayment of rent,
the procedure
shall be as follows:
(1) The summons for eviction actions pursuant to 34-18-36 and
34-18-38 shall
be in the form provided in 34-18-56(h). A blank answer, in the form
provided in 34-18-56(j)
shall be served together with this summons.
(2) The summons in all other actions pursuant to this chapter shall be in the
form
provided in 34-18-56(i). Service shall be made pursuant to Rule 4 of the
district court civil
rules, or other appropriate rule of court.
(c) If a landlord or tenant is not a resident of this state or is a corporation
not authorized
to do business in this state and engages in any conduct in this state governed
by this chapter, or
engages in a transaction subject to this chapter, he or she may designate an
agent upon whom
service of process may be made in this state. The agent shall be a resident of
this state or a
corporation authorized to do business in this state. The designation shall be in
writing and filed
with the secretary of state. If no designation is made and filed or if the
process cannot be served in
this state upon the designated agent, process may be served upon the secretary
of state, but
service upon the secretary of state is not effective unless the plaintiff or
petitioner forthwith mails
a copy of the process and pleading by registered or certified mail to the
defendant or respondent
at his or her last reasonably ascertainable address. An affidavit of compliance
with this subsection
shall be filed with the clerk of the court on or before the return day of the
process, if any, or
within any further time the court allows.
(d) If at time of hearing it appears that the clerk failed to provide mail
service as required
by subsection (a), or that the mailed service was undeliverable, service shall
nevertheless be
deemed complete if proof of service reflects that service was accomplished in
accordance with
subsection (a)(1) (i) or (ii) of this section. If mailed service was defective
and the tenant was
prejudiced by shorter notice of the hearing, the tenant may seek the benefits of
34-18-35(d) for
late filing of discovery, if justice requires.
34-18-11 Definitions. Subject to additional definitions contained in
subsequent sections of
this chapter which apply to specific sections thereof, and unless the context
otherwise requires, in
this chapter:
(1) "Abandonment" means the tenant has vacated the premises without
notice to the
landlord and has no intention of returning, as evidenced by nonpayment of rent
for more than
fifteen (15) days and removal of substantially all possessions from the
premises;
(2) "Action" includes recoupment, counterclaim, set-off, suit in
equity, and any other
proceeding in which rights are determined, including an action for possession;
(3) "Building and housing codes" include any law, ordinance, or
governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation,
occupancy, use, or
appearance of any premises of dwelling unit;
(4) "Dwelling unit" means a structure or part of a structure that is
designed or intended to
be used as a home, residence, or sleeping place by one or more persons;
(5) "Fair rental value" means rent which is of comparable value with
that of other rental
properties of similar size and condition within the contiguous neighborhood;
(6) "Good faith" means honesty in fact in the conduct of the
transaction concerned;
(7) "Landlord" means the owner, lessor, or sublessor of the dwelling
unit or the building
of which it is a part, and it also means a manager of the premises who fails to
disclose as required
by 34-18-20;
(8) "Ordinary wear and tear" means deterioration of the premises which
is the result of the
tenant's normal nonabusive living and includes, but is not limited to,
deterioration caused by the
landlord's failure to prepare for expected conditions or by the landlord's
failure to comply with his
or her obligations;
(9) "Organization" includes a corporation, government, governmental
subdivision or
agency, business trust, estate, trust, partnership of association, two (2) or
more persons having a
joint or common interest, and any other legal or commercial entity;
(10) "Owner" shall mean any person who, alone or jointly or severally
with others:
(i) Has legal title or tax title (pursuant to 44-9-40 --44-9-46,
inclusive, of the
general laws) to any dwelling, dwelling unit or structure with or without
accompanying actual
possession thereof; or
(ii) Has charge, care, or control of any dwelling, dwelling unit or structure as
owner or agent of the owner, or an executor, administrator, trustee, or guardian
of the estate of
the owner. Any person representing the actual owner in this way shall be bound
to comply with
the provisions of this chapter and of rules and regulations adopted pursuant
thereto to the same
extent as if he or she were the owner.
(11) "Person" includes an individual or organization;
(12) "Premises" means a dwelling unit and the structure of which it is
a part and facilities
and appurtenances therein and grounds, areas, and facilities held out for the
use of tenants
generally, or the use of which is promised to the tenant;
(13) "Rent" means the payment or consideration that a tenant pays to a
landlord for the
use of the premises, whether money, services, property, or produce of the land;
(14) "Rental agreement" means all agreements, written or oral, and
valid rules and
regulations adopted under 34-18-25 embodying the terms and conditions
concerning the use
and occupancy of a dwelling unit and premises, and also includes any terms
required by law;
(15) "Roomer" means a tenant occupying a dwelling unit which consists
of any room or
group of rooms forming a single habitable unit used or intended to be used for
living and sleeping,
but not for cooking or eating purposes;
(16) "Security deposit" means a sum of money given by a tenant to a
landlord at the outset
of the tenancy or shortly thereafter, as a deposit against physical damages to
the tenant's dwelling
unit during said tenancy;
(17) "Tenant" means a person entitled under a rental agreement to
occupy a dwelling unit
to the exclusion of others;
(18) "Transitional housing facility" means a facility which, for a
period not to exceed two
(2) years, provides its residents with appropriate social services for the
purpose of fostering
independence, self sufficiency, and eventual transition to a permanent living
arrangement;
(19) "Willful" means that the act was performed intentionally,
knowingly and purposely,
not accidentally or inadvertently and without justifiable excuse.
34-18-12 Obligation of good faith. Every duty under this chapter and every
act which must
be performed as a condition precedent to the exercise of a right or remedy under
this chapter
imposes an obligation of good faith in its performance or enforcement.
34-18-13 Unconscionability.
(a) If the court, as a matter of law, finds:
(1) A rental agreement or any provision thereof was unconscionable when made,
the court may refuse to enforce the agreement, enforce the remainder of the
agreement without
the unconscionable provision, or limit the application of any unconscionable
provision to avoid an
unconscionable result; or
(2) A settlement in which a party waives or agrees to forego a claim or right
under
this chapter or under a rental agreement was unconscionable when made, the court
may refuse to
enforce the settlement, enforce the remainder of the settlement without the
unconscionable
provisions, or limit the application of any unconscionable provision to avoid an
unconscionable
result.
(b) If unconscionability is put into issue by a party or by the court upon its
own motion,
the parties shall be afforded a reasonable opportunity to present evidence as to
the setting,
purpose and effect of the rental agreement or settlement to aid the court in
making the
determination.
34-18-14 Notice.
(a) (1) A person has notice of a fact if:
(i) He or she has actual knowledge of it;
(ii) He or she has received a notice or notification of it; or
(iii) From all the facts and circumstances known to him or her at the time in
question he or she has reason to know that it exists.
(2) A person "knows" or "has knowledge" of a fact if he or
she has actual
knowledge of it.
(b) A person "notifies" or "gives" a notice or notification
to another person by taking steps
reasonably calculated to inform the other in ordinary course whether or not the
other actually
comes to know of it. A person "receives" a notice or notification
when:
(1) It comes to his or her attention; or
(2) It is delivered in hand or sent by first class mail to him or her at a place
held out
by him or her as the place for receipt of the communication, or in the absence
of such designation,
to his or her last known place of residence.
(c) "Notice," knowledge or a notice or notification received by an
organization, is
effective for a particular transaction from the time it is brought to the
attention of the individual
conducting that transaction, and in any event from the time it would have been
brought to his or
her attention if the organization had exercised reasonable diligence.
34-18-15 Terms and conditions of rental agreement.
(a) A landlord and a tenant may include in a rental agreement terms and
conditions not
prohibited by this chapter or other rule of law, including rent, term of the
agreement, and other
provisions governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the fair rental value
for the use
and occupancy of the dwelling unit.
(c) Rent is payable without demand or notice at the time and place agreed upon
by the
parties. Unless otherwise agreed, rent is payable at the dwelling unit and
periodic rent is payable
at the beginning of any term of one month or less and otherwise in equal monthly
installments at
the beginning of each month. Unless otherwise agreed, rent is uniformly
apportionable from
day-to-day.
(d) Unless the rental agreement fixes a definite term, the tenancy is
week-to-week in case
of a roomer who pays weekly rent, and in all other cases month to month.
(e) A tenant who is sixty-five (65) years of age or older or who will turn
sixty-five (65)
during the term of a rental agreement for a dwelling unit may terminate such a
rental agreement in
order to enter a residential care and assisted living facility, as defined in
23-17.4-2, a nursing
facility, or a unit in a private or public housing complex designated by the
federal government as
housing for the elderly. The tenant may terminate the rental agreement by notice
given in writing
to the usual person to whom rental payments are made. The notice shall be
accompanied by
documentation of admission or pending admission to a facility or housing complex
described in
this section. Termination of the rental agreement shall be effective no earlier
than forty-five (45)
days after the first rental payment due date following delivery of written
notice of termination.
34-18-16 Effect of unsigned or undelivered rental agreement.
(a) If the landlord does not sign and deliver a written rental agreement signed
and
delivered to him or her by the tenant, acceptance of rent without reservation by
the landlord gives
the rental agreement the same effect as if it had been signed and delivered by
the landlord.
(b) If the tenant does not sign and deliver a written rental agreement signed
and delivered
to him or her by the landlord, acceptance of possession and payment of rent
without reservation
gives the rental agreement the same effect as if it had been signed and
delivered by the tenant.
(c) If a rental agreement given effect by the operation of this section provides
for a term
longer than one year, it is effective for only one year.
34-18-16.1 Rent increases --Thirty (30) day notice. Prior to an increase
in rent being
imposed by a landlord for a residential tenancy, notice of the increase shall be
given in writing to
any tenant by a landlord at least thirty (30) days prior to the effective date
of the increase.
34-18-17 Prohibited provisions in rental agreements.
(a) A rental agreement may not provide that the tenant:
(1) Agrees to waive or forego rights or remedies under this chapter;
(2) Authorizes any person to confess judgement on a claim arising out of the
rental
agreement;
(3) Agrees to pay the landlord's attorney's fees inconsistent with this chapter;
or
(4) Agrees to the exculpation or limitation of any liability of the landlord
arising
under law or to indemnify the landlord for that liability or the costs connected
with the liability.
(b) A provision prohibited by subsection (a) included in a rental agreement is
unenforceable. If a landlord deliberately uses a rental agreement containing
provisions known to
be prohibited, the tenant may recover, in addition to his or her actual damages,
an amount up to
three (3) months periodic rent and reasonable attorney's fees.
34-18-18 Receipt of rent free of maintenance obligations forbidden. A
rental agreement,
assignment, conveyance, trust deed, or security instrument may not permit the
receipt of rent free
of the obligation to comply with 34-18-22(a).
34-18-19 Security deposits.
(a) A landlord may not demand or receive a security deposit, however
denominated, in an
amount or value in excess of one month's periodic rent.
(b) Upon termination of the tenancy, the amount of security deposit due to the
tenant shall
be the entire amount given by the tenant as a security deposit, minus any amount
of unpaid
accrued rent and the amount of physical damages to the premises, other than
ordinary wear and
tear, which the landlord has suffered by reason of the tenant's noncompliance
with 34-18-24, all
as itemized by the landlord in a written notice delivered to the tenant. The
landlord shall deliver
the notice, together with the amount of the security deposit due to the tenant,
within twenty (20)
days after the later of either termination of the tenancy, delivery of
possession, or the tenant's
providing the landlord with a forwarding address for the purpose of receiving
the security deposit.
(c) If the landlord fails to comply with subsection (b), the tenant may recover
the amount
due him or her, together with damages in an amount equal to twice the amount
wrongfully
withheld, and reasonable attorney fees.
(d) This section does not preclude the landlord or tenant from recovering other
damages
to which he or she may be entitled under this chapter.
(e) In the event the landlord transfers his or her interest in the premises, the
holder of the
landlord's interest in the premises at the time of the termination of the
tenancy is bound by this
section.
(f) No rental agreement shall contain any waiver of the provisions of this
section.
34-18-20 Disclosure.
(a) A landlord or any person authorized to enter into a rental agreement on his
or her
behalf shall disclose to the tenant in writing, at or before the commencement of
the tenancy, the
name, address and number of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to act for and on behalf of
the
owner for the purpose of service of process and receiving and receipting for
notices and demands.
(b) The information required to be furnished by this section shall be kept
current. This
section extends to and is enforceable against any successor landlord, owner, or
manager.
(c) A person who fails to comply with subsection (a) of this section becomes an
agent of
each person who is a landlord for:
(1) Service of process and receiving and receipting for notices and demands; and
(2) Performing the obligations of the landlord under this chapter and under the
rental agreement and expending or making available for the purpose of all rent
collected from the
premises.
34-18-21 Landlord to deliver possession of dwelling unit. At the
commencement of the
term a landlord shall deliver possession of the premises to the tenant in
compliance with the rental
agreement and 34-18-22. The landlord may bring an action for possession
against any person
wrongfully in possession and may recover the damages provided in
34-18-38(c).
34-18-22 Landlord to maintain premises.
(a) A landlord shall:
(1) Comply with the requirements of applicable building and housing codes
affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the premises
in a
fit and habitable condition;
(3) Keep all common areas of the premises in a clean and safe condition;
(4) Maintain in good and safe working order and condition all electrical,
plumbing,
sanitary, heating, ventilating, air conditioning, and other facilities and
appliances, including
elevators, supplied or required to be supplied by him or her;
(5) Provide and maintain appropriate receptacles and conveniences for the
removal
of ashes, garbage, rubbish, and other waste incidental to the occupancy of the
dwelling unit as
required by 45-24.3-6, or applicable local codes if more restrictive, and
arrange for their
removal; and
(6) Supply running water and reasonable amounts of hot water at all times as
required by 45-24.3-7, or applicable local codes if more restrictive, and
reasonable heat as
required by 45-24.3-9, or applicable local codes if more restrictive,
between October 1 and May
1, except where the building that includes the dwelling unit is not required by
law to be equipped
for that purpose, or the dwelling unit is so constructed that heat or hot water
is generated by an
installation within the exclusive control of the tenant and supplied by a direct
public utility
connection.
(b) If the duty imposed by subsection (a)(1) of this section is greater than any
duty
imposed by any other paragraph of that subsection, the landlord's duty shall be
determined by
reference to subsection (a)(1) of this section.
(c) The landlord and tenant of a dwelling unit may agree in writing that the
tenant perform
specified repairs, maintenance tasks, alterations and remodeling but only if:
(1) The agreement of the parties is entered into in good faith and set forth in
a
writing signed by the parties and supported by adequate consideration;
(2) The work is not necessary to cure noncompliance with subsection (a)(1) of
this
section; and
(3) The agreement does not diminish or affect the obligation of the landlord to
other tenants in the premises.
34-18-22.1 Landlord's duty to notify tenant of violation.
(a) A landlord, when cited by a state or local minimum housing code enforcement
agency
for a housing code violation, shall, within thirty (30) days of receipt of the
notice, deliver a copy
of the notice of violation to each residential tenant of the building affected
by said violation,
unless within said thirty (30) day period the landlord has corrected all
violations set forth in the
notice of violation to the satisfaction of the state or local minimum housing
code enforcement
agency which issued the notice of violation.
(b) A landlord, prior to entering into any residential rental agreement, shall
inform a
prospective tenant of any outstanding minimum housing code violations which
exist on the
building that is the subject of the rental agreement.
34-18-22.2 Landlord's duty regarding compliance with zoning and minimum
housing laws.
Whenever any landlord, either by his or her own labor or through the use of
others acting on his
or her behalf, undertakes physical alterations to an existing building which
alterations create a
residential apartment or apartments, and the landlord knew or should have known
that the
alterations would result in the construction of an apartment or apartments which
violate the
applicable state and/or local zoning laws and/or state or local minimum housing
codes, the
landlord shall be responsible to pay the moving costs of any tenants required to
move from any of
the apartments because of the nonconformity of the apartments with the law;
provided, however,
that the landlord will be required to pay such moving costs only to a place
within the same city or
town where the property in violation of the law is located.
34-18-22.3 Nonresident landlord to designate agent for service of process.
A landlord who
is not a resident of this state shall designate and continuously maintain an
agent upon whom
service may be made of any process, notice, or demand required or permitted by
law to be served,
including but not limited to notices of minimum housing code violations. The
agent shall be a
resident of this state or a corporation authorized to do business in this state.
The landlord's
designation shall be in writing, shall include the name and address of the
agent, and shall be filed
with the secretary of state and with the clerk of the city or town wherein the
dwelling unit is
located. If a landlord fails to comply with the requirements of this section,
rent for the dwelling
unit abates until designation of an agent is made and the landlord shall be
subject to a fine of up to
five hundred ($ 500.00) dollars per violation, payable to the municipality.
34-18-23 Limitation of liability upon sale or change of management.
(a) (1) A landlord who conveys premises that include a dwelling unit subject to
a
rental agreement in a good faith sale to a bona fide purchaser is relieved of
liability under the
rental agreement and this chapter as to events occurring after written notice to
the tenant of the
conveyance. In no event may the relief from liability predate the conveyance
itself.
(2) Written notice, for purposes of this section, must include the name(s),
address,
and telephone number of the person or persons purchasing the property and
assuming liability. To
be effective, the written notice must also certify compliance with
45-24.3-17 which prohibits
sale or lease of property until any outstanding housing code violations have
been corrected or the
seller or lessor has provided to the buyer or lessee, as well as to the
enforcing officer, all notices
regarding violations, as required by the statute.
(b) A manager of premises that include a dwelling unit is relieved of liability
under the
rental agreement and this chapter as to events occurring after written notice to
the tenant of the
termination of his or her management. The written notice must include the name(s),
address, and
telephone number of the person or persons assuming management and/or the person
or persons
within the state exercising ownership or responsibility over the property.
(c) Nothing in this section shall be construed to affect the tenant's rights and
duties under
an existing rental agreement, and the purchaser of property takes title subject
to the same rights
and responsibilities toward the tenant which the seller had.
34-18-24 Tenant to maintain dwelling unit. A tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by applicable
provisions of
building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that he or she occupies and uses as clean and
safe as the
condition of the premises permit;
(3) Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other
waste in a
clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as
clean as their
condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating,
air-conditioning, and other facilities and appliances, including elevators, in
the premises;
(6) Not deliberately or negligently destroy, deface, damage, impair, or remove
any part of
the premises or knowingly permit any person to do so;
(7) Conduct himself or herself, and require other persons on the premises with
his or her
consent to conduct themselves, in a manner that will not disturb his or her
neighbors' peaceful
enjoyment of the premises;
(8) Refrain from using any part of the premises in a manner such as would
constitute the
maintaining of a narcotics nuisance under the provisions of 21-28-4.06;
(9) Refrain from using any part of the premises or any public property adjacent
thereto for
the manufacture, sale, or delivery of a controlled substance or from possessing
on the premises or
any public property adjacent thereto with the intent to manufacture, sell, or
deliver a controlled
substance classified in schedule I or schedule II of chapter 28 of title 21; and
(10) Refrain from any crime of violence on the premises or on any public
property
adjacent to said premises. A "crime of violence" means and includes
any of the following crimes
or an attempt to commit any of the following crimes; murder, manslaughter,
arson, rape, sexual
assault, mayhem, kidnapping, assault with a dangerous weapon, assault or battery
involving grave
bodily injury, and a felony assault with intent to commit any offense.
34-18-25 Rules and regulations.
(a) A landlord, from time to time, may adopt a rule or regulation, however
described,
concerning the tenant's use and occupancy of the premises. It is enforceable
against the tenant
only if:
(1) Its purpose is to promote the convenience, safety, or welfare of the tenants
on
the premises, preserve the landlord's property from abusive use, or make a fair
distribution of
services and facilities held out for the tenants generally;
(2) It is reasonably related to the purpose of which it is adopted;
(3) It is sufficiently explicit in its prohibition, direction, or limitation of
the tenant's
conduct to fairly inform the tenant of what he or she must or must not do to
comply;
(4) It applies to all tenants in the premises in a fair manner;
(5) It is not for the purpose of evading the obligations of the landlord; and
(6) The tenant has notice of it at the time he or she enters into the rental
agreement, or when it is adopted.
(b) If a rule or regulation is adopted after the tenant enters into the rental
agreement that
works a substantial modification of his or her bargain, it is not valid unless
the tenant consents to
it in writing.
34-18-26 Access.
(a) A tenant shall not unreasonably withhold consent to the landlord to enter
into the
dwelling unit in order to inspect the premises, make necessary or agreed
repairs, decorations,
alterations, or improvements, supply necessary or agreed services, or exhibit
the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant in case
of
emergency, or, during any absence of the tenant in excess of seven (7) days, if
reasonably
necessary for the protection of the property.
(c) A landlord shall not abuse the right of access or use it to harass the
tenant. Except in
case of emergency or unless it is impracticable to do so, the landlord shall
give the tenant at least
two (2) days' notice of his or her intent to enter and may enter only at
reasonable times.
(d) A landlord has no other right of access except:
(1) Pursuant to court order;
(2) As permitted by 34-18-39; or
(3) Unless the tenant has abandoned or surrendered the premises.
34-18-27 Tenant to use and occupy. Unless otherwise agreed, a tenant shall
occupy his or
her dwelling unit only as a dwelling unit. The rental agreement may require that
the tenant notify
the landlord of any anticipated extended absence from the premises in excess of
ten (10) days no
later than the first day of the extended absence.
34-18-28 Noncompliance by the landlord in general.
(a) Except as provided by this chapter, if there is a noncompliance by the
landlord with the
rental agreement or a noncompliance with 34-18-22 materially affecting
health and safety, the
tenant may deliver a written notice to the landlord specifying the acts and
omissions constituting
the breach and that the rental agreement will terminate upon a date not less
than thirty (30) days
after receipt of the notice if the breach is not remedied in twenty (20) days,
and the rental
agreement shall terminate as provided in the notice subject to the following:
(1) If the breach is remediable by repairs, the payment of damages or otherwise
and the landlord adequately remedies the breach before the date specified in the
notice, the rental
agreement shall not terminate by reason of the breach.
(2) If substantially the same act or omission which constituted a prior
noncompliance of which notice was given recurs within six (6) months, the tenant
may terminate
the rental agreement upon at least fourteen (14) days' written notice specifying
the breach and the
date of termination of the rental agreement.
(3) The tenant may not terminate for a condition caused by the deliberate or
negligent act or omission of the tenant, a member of his or her family, or other
person on the
premises with his or her consent.
(b) Except as provided in this chapter, the tenant may recover actual damages
and obtain
injunctive relief for noncompliance by the landlord with the rental agreement or
34-18-22. If the
landlord's noncompliance is willful, the tenant may recover reasonable
attorney's fees.
(c) The remedy provided in subsection (b) of this section is in addition to any
right of the
tenant arising under subsection (a).
(d) If the rental agreement is terminated, the landlord shall return all
security recoverable
by the tenant under 34-18-19 and all prepaid rent.
34-18-29 Failure to deliver possession.
(a) If the landlord fails to deliver possession of the dwelling unit to the
tenant as provided
in 34-18-21, rent abates until possession is delivered and the tenant may:
(1) Terminate the rental agreement upon at least five (5) days' written notice
to the
landlord, and, upon termination, the landlord shall return all prepaid rent and
security; or
(2) Demand performance of the rental agreement by the landlord and, if the
tenant elects,
bring action for possession of the dwelling unit against the landlord.
(b) If a person's failure to deliver possession is willful and not in good
faith, an aggrieved
person may recover from that person an amount not more than three (3) months'
periodic rent or
threefold the actual damages sustained, whichever is greater, and reasonable
attorney's fees.
34-18-30 Self-help for limited repairs.
(a) If the landlord fails to comply with subsection of 34-18-22(a)(1),
(2), (4), (5), or (6),
and the reasonable cost of compliance is less than one hundred twenty-five
dollars ($ 125), the
tenant may cause repairs to be done in a skilled manner, in compliance with
applicable state
and local codes, and deduct from his or her rent the actual and reasonable cost
or the fair and
reasonable value of the repairs if:
(1) The tenant notifies the landlord of his or her intention to correct the
condition
at the landlord's expense; and
(2) The landlord fails to comply within twenty (20) days, or fails to
demonstrate
ongoing, good faith efforts to comply, after being notified by the tenant in
writing; or, in the case
of emergency, the landlord either cannot be reached by the tenant, or the
landlord fails to comply
as promptly as conditions require; and
(3) The tenant submits an itemized statement to the landlord of the cost or the
fair
and reasonable value of the repairs made.
(b) A tenant may not repair at the landlord's expense if the condition was
caused by the
deliberate or negligent act or omission of the tenant, a member of his or her
family, or other
person on the premises with his or her consent.
34-18-31 Wrongful failure to supply heat, water, hot water, or essential
services.
(a) If, contrary to the rental agreement or 34-18-22, the landlord
willfully or negligently
fails to supply heat, running water, hot water, electric, gas, or other
essential service, the tenant
may give reasonable notice to the landlord specifying the breach and may:
(1) Take reasonable and appropriate measures to secure reasonable amounts of
heat, running water, hot water, electric, gas, and other essential service
during the period of the
landlord's noncompliance and deduct their actual and reasonable costs from the
periodic rent; or
(2) Recover damages based upon the diminution in the fair rental value of the
dwelling unit; or
(3) Procure reasonable substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying rent for the
period of
the landlord's noncompliance.
(b) In addition to the remedy provided in subsection (a)(3) of this section, the
tenant may
recover the actual and reasonable cost or fair and reasonable value of the
substitute housing not in
excess of an amount equal to the periodic rent, and in any case under subsection
(a) of this
section, may recover reasonable attorney's fees.
(c) If the tenant proceeds under this section, he or she may not proceed under
34-18-28
or 34-18-30 as to that breach.
(d) Rights of the tenant under this section do not arise until he or she has
given notice to
the landlord, nor does this section apply if the condition was caused by the
deliberate or negligent
act or omission of the tenant, a member of his or her family, or other person on
the premises with
his or her consent.
34-18-32 Landlord's noncompliance as defense to action for possession or
rent.
(a) In an action for possession based upon nonpayment of rent or in an action
for rent
when the tenant is in possession, the tenant may counterclaim for any amount he
or she may
recover under the rental agreement or this chapter. In that event, the court,
from time to time,
may order the tenant to pay into court all or part of the rent accrued and
thereafter accruing, and
shall determine the amount due to each party. The party to whom a net amount is
owed shall be
paid first from the money paid into court, and the balance by the other party.
If no rent remains
due after application of this section, judgment shall be entered for the tenant
in the action for
possession. If the defense or counterclaim by the tenant is frivolous or without
any basis in fact,
the landlord may recover reasonable attorney's fees.
(b) In an action for rent when the tenant is not in possession, he or she may
counterclaim
as provided in subsection (a) of this section, but is not required to pay any
rent into court.
34-18-33 Fire or casualty damage.
(a) If the dwelling unit or premises are damaged or destroyed by fire or
casualty to an
extent that enjoyment of the dwelling unit is substantially impaired, the tenant
may:
(1) Immediately vacate the premises and notify the landlord in writing within
fourteen (14) days thereafter of his or her intention to terminate the rental
agreement, in which
case the rental agreement terminates as of the date of vacating; or
(2) If continued occupancy is lawful, vacate any part of the dwelling unit
rendered
unusable by the fire or casualty, in which case the tenants' liability for rent
is reduced in
proportion to the diminution in the fair rental value of the dwelling unit.
(b) If the rental agreement is terminated the landlord shall return all security
recoverable
under 34-18-19 and all prepaid rent. Accounting for rent in the event of
termination or
apportionment shall be made as of the date of the fire or casualty.
(c) This section shall not be construed to limit the right of the landlord to
recover in an
action in tort damages resulting from a fire or other casualty damage caused
either negligently or
deliberately by the tenant.
34-18-34 Tenant's remedies for landlord's unlawful ouster, exclusion, or
diminution of
service. If a landlord unlawfully removes or excludes the tenant from the
premises or willfully
diminishes services to the tenant by interrupting or causing the interruption of
heat, running water,
hot water, electric, gas, or other essential service, the tenant may recover
possession or terminate
the rental agreement and, in either case, recover an amount not more than three
(3) months
periodic rent or threefold the actual damages sustained by him or her, whichever
is greater, and
reasonable attorney's fees. If the rental agreement is terminated the landlord
shall return all
security recoverable under 34-18-19 and all prepaid rent.
34-18-35 Eviction for nonpayment of rent.
(a) If any part of the stipulated rent is due and in arrears for fifteen (15)
days, the landlord
shall send a written notice, in a form substantially similar to that provided in
34-18-56(a),
specifying the amount of the rent which is fifteen (15) days in arrears, making
demand for the
rent, and notifying the tenant that unless he or she cures the breach within
five (5) days of the date
of mailing of the notice, the rental agreement shall terminate, and the landlord
shall commence an
eviction action in the appropriate district court or housing court.
(b) If the tenant fails to cure his or her breach by paying the stipulated rent
in arrears
within five (5) days of the date of mailing of the notice, the landlord may
commence an eviction
action against the tenant, which shall be filed no earlier than the sixth (6th)
day after mailing of the
written demand notice. The action shall be commenced by filing a "Complaint
for Eviction for
Nonpayment of Rent" in the appropriate court in the form provided in
34-18-56(d).
(c) The summons for eviction for nonpayment of rent shall specify the date for
hearing and
be in the form provided in 34-18-56(g). The summons shall specify that the
defendant may file
and serve his or her answer prior to or at the time of hearing, and that if he
or she fails to answer
or appear at the hearing, he or she shall be defaulted.
(d) If the defendant files his or her answer and commences discovery prior to
the hearing,
and it appears, for good cause shown, that the defendant will not be able to
conduct his or her
defense without the benefit of discovery, the court may continue the hearing to
allow a reasonable
time for the completion of discovery. In the case of such a continuance, the
court may, in its
discretion, order interim rent, or other remedy, to be paid to preserve the
status quo pending
hearing. Except as provided in this chapter, the landlord may recover possession
and actual
damages. In cases where the tenant had received a demand notice pursuant to
subsection
(a) within the six (6) months immediately preceding the filing of the action,
and the tenant's
nonpayment was willful, the landlord may also recover a reasonable attorney's
fee.
(e) The tenant shall have the right to cure his or her failure to pay rent by
tendering the full
amount of rent prior to commencement of suit. If the tenant has not received a
notice pursuant to
subsection (a) of this section within the six (6) months immediately preceding
the filing of the
action, the tenant shall have the right to cure his or her failure to pay rent
after commencement of
suit by tendering the full amount of rent in arrears, together with court costs,
at the time of
hearing.
34-18-36 Eviction for noncompliance with rental agreement.
(a) Except as provided in this chapter, if there is a material noncompliance by
the tenant
with the rental agreement or a noncompliance with 34-18-24 materially
affecting health and
safety, the landlord shall deliver a written demand notice to the tenant, in a
form substantially
similar to that provided in 34-18-56(b), specifying:
(1) The acts and/or omissions constituting the breach of the rental agreement or
of
34-18-24;
(2) The acts, repairs, or payment of damages, which are necessary to remedy the
breach; and
(3) That unless the breach is remedied within twenty (20) days of mailing of the
notice the rental agreement shall terminate upon a specified date, which shall
not be less than
twenty-one (21) days after the mailing of the notice.
(b) Unless it is a violation of 34-18-24(8), (9), or (10), if the tenant
adequately remedies
the breach before the date specified in the notice, the rental agreement shall
not terminate. If the
breach is not remedied, the landlord may commence an eviction action, which
shall be filed no
earlier than the first day following the termination date specified in the
written demand notice. The
action shall be initiated by filing a "Complaint for Eviction for Reason
Other Than for
Nonpayment of Rent" in the appropriate court according to the form in
34-18-56(e).
(c) The summons shall be in the form provided in 34-18-56(h) and shall
specify that the
tenant has twenty (20) days from the date of service in which to file his or her
answer to the
complaint, and that if he or she fails to file his or her answer within that
time, he or she will be
defaulted. The matter may be assigned for hearing in accordance with the rules
of procedure of
the appropriate court.
(d) Except as provided in this chapter, the landlord may recover possession,
actual
damages and obtain injunctive relief for noncompliance by the tenant with the
rental agreement or
34-18-24. If the tenant's noncompliance is willful, the landlord may
recover reasonable
attorney's fees.
(e) If substantially the same act or omission which constituted a prior
noncompliance, of
which good faith notice was given, recurs within six (6) months, the landlord
may terminate the
rental agreement upon at least twenty (20) days' written notice, specifying the
breach and the date
of termination of the rental agreement. No allowance of time to remedy
noncompliance shall be
required.
(f) If the tenant has violated 34-18-24(8), (9), or (10), or if the tenant
(i) is a seasonal
tenant occupying the premises pursuant to a written lease agreement which
commences no earlier
than May 1st of the occupation year and expires no later than October 15th of
the occupation
year, with no right of renewal or extension beyond the above dates; and (ii) has
been charged with
violating a municipal ordinance pertaining to legal occupancy or excessive noise
or other
disturbance of the peace, the landlord shall not be required to send a notice of
noncompliance to
the tenant and may immediately file a complaint for eviction in a form
substantially similar to that
provided in 34-18-56(e) and seek the relief set forth in subsection (d).
34-18-37 Termination of periodic tenancy.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written
notice,
in a form substantially similar to that provided in 34-18-56(c), delivered
to the other at least ten
(10) days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy or any
periodic
tenancy for more than a month or less than a year by a written notice, in a form
substantially
similar to that provided in 34-18-56(c), delivered to the other at least
thirty (30) days before the
date specified in the notice.
(c) The landlord or tenant may terminate a year-to-year tenancy by written
notice, in a
form substantially similar to that provided in 34-18-56(c), delivered to
the other at least three
(3) months prior to the expiration of the occupation year.
34-18-38 Eviction for unlawfully holding over after termination or
expiration of tenancy.
(a) If the tenant remains in possession without the landlord's consent after
expiration of
the term of the rental agreement or after the termination of a periodic tenancy,
the landlord may
commence an eviction action, which may be filed no earlier than the first day
following the
expiration or termination of the tenancy. The action shall be commenced by
filing a "Complaint
for Eviction for Reason Other Than for Nonpayment of Rent," which shall be
filed in the
appropriate court according to the form provided in 34-18-56(e).
(b) The summons shall be in the form provided in 34-18-56(h) and shall
specify that the
tenant has twenty (20) days from the date of service in which to file his or her
answer to the
complaint, and that if he or she fails to file his or her answer within that
time, he or she will be
defaulted. The matter may be assigned for hearing in accordance with the rules
of procedure of
the appropriate court.
(c) If the tenant's holdover is willful and not in good faith, the landlord may
also recover,
in addition to possession, an amount not more than three (3) months' periodic
rent or threefold the
actual damages sustained by him or her, whichever is greater, and reasonable
attorney's fees. If the
landlord consents to the tenant's occupancy, the parties may agree to a definite
term. If no term is
specified, the term shall be week-to-week if the tenant pays on a week-to-week
basis, and in all
other cases, month-to-month.
34-18-39 Failure to maintain. If there is noncompliance by tenant with
34-18-24
materially affecting health and safety that can be remedied by repair,
replacement of a damaged
item, or cleaning, and the tenant fails to comply as promptly as conditions
require in case of
emergency or within twenty (20) days after written notice by the landlord
specifying the breach
and requesting that the tenant remedy it within that period of time, the
landlord may enter the
dwelling unit and cause the work to be done in a skilled manner and submit the
itemized bill for
the actual and reasonable cost or the fair and reasonable value thereof as rent
on the next date
periodic rent is due, or if the rental agreement has terminated, for immediate
payment.
34-18-40 Remedies for abandonment. If the tenant abandons the dwelling
unit, the landlord
shall send a certified letter, return receipt requested, to the tenant's last
known address giving
notice that unless a reply is received from the tenant within seven (7) days,
the landlord shall
re-rent the premises. If the notice is returned as undeliverable, or the tenant
fails to contact the
landlord within seven (7) days, the landlord shall make reasonable efforts to
rent the premises at a
fair rental. If the landlord rents the dwelling unit for a term beginning before
the expiration of the
rental agreement, the tenancy terminates as of the date of the new tenancy. If
the landlord fails to
use reasonable efforts to rent the dwelling unit at fair rental, or if the
landlord accepts the
abandonment as a surrender, the rental agreement is deemed to be terminated by
the landlord as
of the date the landlord has notice of the abandonment.
34-18-41 Waiver of landlord's right to terminate. Acceptance of rent with
knowledge of a
default by the tenant or acceptance of performance by him or her that varies
from the terms of the
rental agreement constitutes a waiver of the landlord's right to terminate the
rental agreement for
that breach, unless the landlord gives written notice within ten (10) days.
Acceptance does not
waive the landlord's right to seek remedies for the default.
34-18-42 Landlord liens --Distraint for rent abolished.
(a) A lien or security interest on behalf of the landlord in the tenant's
household goods is
not enforceable unless perfected before the effective date of this chapter,
except as provided in
34-18-50.
(b) Distraint for rent is abolished.
34-18-43 Remedy after termination. If the rental agreement is terminated,
the landlord has a
claim for possession, for a sum for reasonable use and occupation subsequent to
the termination,
and for actual damages for breach of the rental agreement and reasonable
attorney's fees.
34-18-44 Self-help recovery of possession prohibited. A landlord may not
recover or take
possession of the dwelling unit by action or otherwise, including willful
diminution of services to
the tenant by interrupting or causing the interruption of heat, running water,
hot water, electric,
gas, or other essential service to the tenant, except in case of abandonment,
surrender, or as
permitted in this chapter.
34-18-45 Landlord and tenant remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord may obtain
injunctive relief to
compel access, or terminate the rental agreement.
(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable
manner or
makes repeated demands for entry otherwise lawful but which have the effect of
unreasonably
harassing the tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the
conduct or terminate the rental agreement.
(c) In any action under subsection (a) or (b) the prevailing party may recover
actual
damages and shall be awarded costs and reasonable attorney's fees.
34-18-46 Retaliatory conduct prohibited.
(a) Except as provided in this section, a landlord may not retaliate by
increasing rent or
decreasing services or by bringing or threatening to bring an action for
possession because:
(1) The tenant has complained to a governmental agency charged with
responsibility for enforcement of a building or housing code of a violation
applicable to the
premises materially affecting health and safety; or
(2) The tenant has complained to the landlord of a violation under
34-18-22; or
(3) The tenant has organized or become a member of a tenants' union or similar
organization; or
(4) The tenant has availed himself or herself of any other lawful rights and
remedies.
(b) If the landlord acts in violation of subsection (a), the tenant is entitled
to the remedies
provided in 34-18-34 and has a defense in any retaliatory action against
him or her for
possession. In an action by or against the tenant, evidence of a complaint
within six (6) months
before the alleged act of retaliation creates a presumption that the landlord's
conduct was in
retaliation. The presumption does not arise if the tenant made the complaint
after notice of a
proposed rental increase or diminution of services. "Presumption"
means that the trier of fact must
find the existence of the fact presumed unless and until evidence is introduced
which would
support a finding of its nonexistence.
(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for
possession
if:
(1) The violation of the applicable building or housing code was caused
primarily
by lack of reasonable care by the tenant, a member of his or her family, or
other person on the
premises with his or her consent; or
(2) The tenant is in default in rent; or
(3) Compliance with the applicable building or housing code or other public
action
such as eminent domain, requires alteration, remodeling, or demolition which
would effectively
deprive the tenant of use of the dwelling unit, and the relocation requirements
have been met by
the municipality.
(d) The maintenance of an action under subsection (c) of this section does not
release the
landlord from liability under 34-18-28(b).
34-18-47 Appeals. Appeals of actions brought under this chapter shall be
pursuant to
9-12-10.1.
34-18-48 Execution. If no appeal is claimed, and if the judgment has not
been satisfied,
execution shall be issued on the sixth (6th) day following judgment. Executions
shall be issued
only to the sheriff or constable of the county where the premises are situated
and he or she shall
execute the mandates therein contained within five (5) days of its issuance. If
the sheriff or
constable fails to execute the mandates within the prescribed time, the sheriff
or constable shall
appear before a justice of the court issuing the execution at the regular
session of court next
following five (5) days to show cause why the mandates of the execution have not
been carried
out. Every execution issued by any district court pursuant to this chapter shall
not expire after the
five (5) day period but shall continue in full force and effect for one year
after the date thereof,
and be returnable to the district court which issued it in accordance with the
provisions of
9-25-21. All costs including reasonable moving costs incurred by the sheriff or
constable in
carrying out the mandates of the execution may be added to the execution by the
clerk upon
approval of the court upon presentment of evidence of the costs.
34-18-49 Payment of rent on stay of execution. Whenever, in any action for
the recovery of
real property, the issuance of an execution, or the service of an execution, is
stayed by order of
the court or by the operation of law, the stay shall be conditioned upon the
payment by tenant to
the landlord of sums of money equal to the rent for the premises, which sums
shall be paid at such
times and in such amounts as rent would be due and payable were the action not
then pending.
The acceptance of these sums shall not constitute a waiver of the right of the
landlord to obtain
possession of the premises, nor shall the receipt thereof be deemed to reinstate
the tenancy.
34-18-50 Payment of moving costs required. Whenever the personal property
of any tenant
is removed from the premises the tenant occupies by mandate of an execution from
the court of
competent jurisdiction, the tenant shall pay the entire amount of the cost of
moving the personal
property and any prepaid storage charges to the sheriff, constable, or other
person who lawfully
caused the personal property to be so moved before the personal property can be
released to the
tenant by the person, firm, partnership, company, association, or corporation
having lawful
possession of the property. Further, the sheriff, constable, or other person who
lawfully caused
the personal property to be so moved shall prepare and deliver a release in
writing stating that the
costs of moving and any prepaid storage charges have been paid in full and
authorizing the release
of the personal property to the tenant. This amount shall be paid to the
landlord as reimbursement
for the costs of removing the personal property.
34-18-51 Issuance of execution on nonpayment of rent. In the event that
the tenant shall
fail or refuse to pay all sums promptly when due in accordance with the
provisions of 34-18-49,
the court in which the judgment for possession was issued shall, on motion of
the landlord and
after hearing thereon, including satisfactory proof of such nonpayment, enter an
order for the
issuance of such execution and the prompt service thereof, and from this order
there shall be no
appeal.
34-18-52 Payment of rent during pendency of appeal. Whenever an action for
the recovery
of real property is pending on appeal in the superior or supreme court, the
tenant in the action
shall pay to the landlord sums of money equal to the rent for the premises,
which the sums shall be
paid at such times and in such amounts as rent would be due and payable were the
action not then
pending. The acceptance of these sums shall not constitute a waiver of the right
of the landlord to
obtain possession of the premises, nor shall their receipt be deemed to
reinstate the tenancy.
34-18-53 Dismissal of appeal for nonpayment of rent during pendency of
appeals. In the
event that the tenant fails or refuses to pay all sums promptly when due, in
accordance with the
provisions of 34-18-52, the court in which the case is pending, shall,
without any trial on the
merits, on motion of the landlord, and after hearing thereon, including
satisfactory proof of such
nonpayment, enter an order for the entry of judgment and the issuance of the
execution and the
prompt service of that execution.
34-18-54 Savings clause. Transactions entered into before January 1, 1987,
and not
extended or renewed on and after that date, and the rights, duties and interests
flowing from them
remain valid and may be terminated, completed, consummated, or enforced as
required or
permitted by any statute or other law amended or repealed by this chapter as
though the repeal or
amendment had not occurred.
34-18-55 Severability. If any provision of this chapter or the application
thereof to any
person or circumstances is held invalid, the invalidity does not affect other
provisions or
application of this chapter which can be given effect without the invalid
provision or application,
and to this end the provisions of this chapter are severable.
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 RENT R.I.G.L. 34-18-35 DATE
OF MAILING: =HR9
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 $
______________.
=rf
(signature)
=rf
=rf
(name and address of landlord/owner)
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 ________________________,
19______.
=rf =qr (landlord or owner signature)
(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 NONCOMPLIANCE R.I.G.L. 34-18-36 DATE OF MAILING: =HR9
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:
=rf
=rf
=rf
(provide details)
To remedy this situation you must do the following within twenty days of the
date of mailing of
this Notice:
=rf
=rf
=rf
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.
=rf
(signature)
=rf
=rf
(name and address of landlord/owner)
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 ________________________,
19______.
=rf =qr (landlord or owner signature)
(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 TENANCY R.I.G.L. 34-18-37 DATE OF MAILING:
=HR9
TO: __________________________
(tenant)
__________________________
__________________________
(address)
You are hereby directed to vacate and remove your property and personal
possessions from the
premises located at =rf
=qr (address of premises)
and deliver control of the premises to the landlord/owner on the first day after
the end of your
current rental period, namely ____________.
(insert date)
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.
=rf
(signature)
=rf
=rf
(name and address of landlord/owner)
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 ________________________,
19______.
=rf
(landlord or owner signature)
(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 AND PROVIDENCE PLANTATIONS
______________________, Sc. =sr DISTRICT COURT
____________________________ ______________ DIVISION
PLAINTIFF DEFENDANT
______________________________ =rf
(Landlord's Name) =sr (Tenant's Name)
V
______________________________ =rf
______________________________ =rf
______________________________ =rf
(address) (address of rental premises)
COMPLAINT FOR EVICTION FOR NONPAYMENT OF RENT R.I.G.L. 34-18-35
1.
2.
(month)
3.
4.
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.
=rf
(Name & address of landlord/owner
or attorney for landlord)
=rf
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 AND PROVIDENCE PLANTATIONS
____________________, Sc. =sr DISTRICT COURT
____________________________ ______________ DIVISION
PLAINTIFF DEFENDANT
______________________________ =rf
(Landlord's Name) =sr (Tenant's Name)
______________________________ V =rf
______________________________ =rf
(address) (address of rental premises)
COMPLAINT FOR EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT
R.I.G.L. 34-18-36 R.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:
____
____
____
3.
for =rf
=rf
=rf
=rf
(explain basis for money claim)
PLAINTIFF SEEKS COSTS AND FEES (IF APPLICABLE).
=rf
(Signature of Landlord/Owner
or Attorney)
=rf
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 AND PROVIDENCE PLANTATIONS
______________________, Sc. =sr DISTRICT COURT
______________________________ ______________ DIVISION
PLAINTIFF DEFENDANT
______________________________ =rf
(Name) =sr (Name)
V
______________________________ =rf
______________________________ =rf
______________________________ =rf
(address) (address of rental premises)
LANDLORD-TENANT COMPLAINT (NOT FOR USE IN EVICTIONS)
1.
(address of rental premises)
2. Defendant is the ____ Tenant ____ Landlord/Owner.
3.
=rf
=rf
=rf
(brief description of claim, attach extra sheet, if necessary)
4.
=rf
=rf
=rf
Date Complaint Filed =rf
With Clerk: __________ (Signature of plaintiff or plaintiff's attorney)
=rf
(address)
(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 ISLAND DISTRICT COURT =SR SUMMONS
EVICTION-NONPAYMENT OF RENT DIVISION COUNTY CIVIL ACTION-FILE NO.
ADDRESS OF COURT:
______________________________ =rf
______________________________ =rf
______________________________ =rf
(name & address of plaintiff (name & address of defendant- landlord)
tenant)
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: ________________________________.
(PROOF OF SERVICE ON NEXT PAGE)
=HR20
=US PROOF OF SERVICE=UE
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:
______ 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 conspicuously on the door to the defendant's
dwelling unit.
ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:
=rf
NAME OF PERSON OF SUITABLE AGE:
=rf
SERVICE DATE: =rf
DEPUTY SHERIFF/CONSTABLE: =rf
=rf
=US CERTIFICATE OF SERVICE=UE
I hereby certify that a copy of this Complaint and Summons was placed into
regular U.S. Mail,
postage prepaid, on the ____________________ day of __________________, 19____,
addressed to defendant at the following address:
________________________________________________.
=rf
(Signature of ____________ Clerk)
(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:
=SC STATE OF RHODE ISLAND =SC DISTRICT COURT =SC SUMMONS =RC
EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT
DIVISION COUNTY =sr CIVIL ACTION-FILE NO.
____________________ __________________ =rf
ADDRESS OF COURT:
____________________________ =rf
V
____________________________ =rf
____________________________ =rf
(name & address of plaintiff(name & address of defendant- landlord)
tenant)
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)
=HR20
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:
____
____
____
____
Address of dwelling or usual place of abode:
=rf
Name of person of suitable age or of agent:
=rf
Service Date: ____________________
Deputy Sheriff/Constable (circle one):
=rf
(signature)
(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:
=SC STATE OF RHODE ISLAND =SC DISTRICT COURT =SR SUMMONS
__________________ ____________ =rf
DIVISION COUNTY CIVIL ACTION-FILE NO.
______________________________ =rf
PLAINTIFF PLAINTIFF'S ATTORNEY
=rf
ADDRESS
________________ vs ____________
DEFENDANT
=rf
DEFENDANT'S ADDRESS
______________________________ =rf
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.
______________________________ =rf
DATE CLERK
______________________________ =rf
SEAL OF THE DISTRICT COURT DATE RECEIVED
=rf
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:
to the defendant personally.
to an agent named below authorized by appointment or by law to receive service
of process.
Further notice as required by statute was given as noted on the reverse side.
=rf
Address of Dwelling or Usual Place of Abode
=rf
Name of Authorized Agent or Person of Suitable Age
______________________________ =rf
Date Deputy Sheriff/Constable
______________________________ =rf
=qr SERVICE FEE $ ________
(j) The blank answer served in eviction actions shall be in substantially the
following form:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
______________________, Sc. =sr DISTRICT COURT
______________________________ ______________ DIVISION
PLAINTIFF DEFENDANT
______________________________ =rf
(Landlord's Name) =sr (Tenant's Name)
V
______________________________ =rf
______________________________ =rf
(address) (address of rental premises)
INSTRUCTIONS TO THE DEFENDANT
Listed below are several possible defenses to the eviction action your landlord
has filed against
you. If one or more of these defenses apply to your case, check the appropriate
box(es). If space
is provided, write in facts in support of that defense. Use additional paper if
necessary. Some of
these defenses are technical, and there may be others not listed here. You may
consult a lawyer
and seek representation before filling out this Answer.
=US TENANT'S ANSWER=UE
( )
( )
( )
( )
( )
( )
( )
( )
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.
=US COUNTERCLAIM=UE
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
=rf
________________________________ =rf
Name of Defendant (or attorney) Signature of Defendant
________________________________
Address
________________________________
Telephone number
34-18-57 Providence absentee landlord enforcement act. Commencing January
1, 1996, all
persons, corporations, organizations, association or other legal entities owning
and leasing
property in the city of Providence shall register their name, home address,
including zip code, and
telephone number with the recorder of deeds for the city of Providence.
TITLE 34
PROPERTY
CHAPTER 34-19
FORCIBLE ENTRY AND DETAINER
SECTION 34-19-1
34-19-1 Warrant for summons of jury. Whenever a complaint shall be made in
writing and
under oath of the complainant, or of some one in his or her behalf, to a justice
of the superior
court, that any person has made unlawful and forcible entry into lands or
tenements, and with a
strong hand detains the lands or tenements, or that, having made lawful and
peaceable entry, or
peaceable entry, into lands or tenements, any person unlawfully and with force
holds and detains
them, the court shall make out a warrant under its hand and seal, directed to
the sheriff of the
county in which the lands or tenements lie, or to his or her deputy, commanding
him or her in
behalf of the state to cause to come before the superior court, at such time and
place as the court
shall appoint within the county, twelve (12) good and lawful men or women of the
same county,
which warrant shall be in the following form:
THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. SC.
(SEAL) To the sheriff of the county of
or to his or her deputy, =sr Greeting:
Whereas complaint is made to me, the subscriber, by
of that of
upon the day of at
with force and arms and with a strong hand did unlawfully and forcibly enter
into and upon a
tract of land of him or her
in aforesaid =sr containing acres,
bounded as follows, viz.: (or, into the messuage or tenement of him or her, =qr
as the case may
be, describing it)
and him or her =sr with force and a strong
hand as aforesaid did expel and unlawfully put out of possession of the same
(or, as the case
may be, that having made lawful and peaceable entry, or peaceable entry, such
person unlawfully
and with
force holds and detains him or her =sr out of
the same), you are hereby commanded in behalf of the state to cause to come
before our
superior court, upon the =sr day of
at =sr o'clock ( : ) in the
noon at =sr in the county of
twelve (12) good and lawful men or women of your county to be impaneled and
sworn, to
inquire into the forcible entry and detainer (or forcible detainer, as the case
may be), as
aforedescribed.
Given under my hand and seal the
day of in the year =qr Justice of the superior court.
34-19-2 Issuance of summons to defendant. The court shall also make out a
summons to
the party complained against in the form following:
THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. SC.
(SEAL) To the sheriff of the county of
or to his deputy, =sr Greeting:
We command you that you summon
of =sr to appear before our superior court
at =sr in our county of on
the =sr day of at
o'clock ( : ) in the =sr noon, then and there to answer to and defend against
the complaint of
there exhibited: wherein
complains that (here recite the complaint); and you are to make return of this
writ with your
doings thereon unto our the court upon or before the such day.
Given under my hand and seal, the
day of in the year =qr Justice of the superior court.
34-19-3 Service on defendant --Proceeding on nonappearance. The summons
shall be
served upon the party complained against, or a copy thereof left at his or her
usual place of abode,
six (6) days, exclusive, before the day appointed by the justice for the trial;
and if, after the service
of the summons, the party shall not appear to defend, the court shall proceed to
the inquiry in the
same manner as if he or she were present.
34-19-4 Impaneling and oath of jurors. When the jury summoned, or such
other jurors as
may be taken up on a new venire to be issued by the court if occasion shall
require, shall appear,
they shall, to the number of twelve (12), be impaneled to inquire into the
forcible entry and
detainer, or forcible detainer, complained of, and the court shall lay before
them the exhibited
complaint, and shall administer, or cause to be administered, to them the
following oath, to wit:
FOREPERSON'S OATH.
You, as foreperson of this jury, do solemnly swear (or affirm) that you will
well and truly try
whether the complaint of
now laid before you is true, according to the evidence; so help you God (or,
this affirmation you
make and give upon the peril of the penalty of perjury).
THE OATH OF THE OTHER JURORS.
The same oath which your foreperson has taken on his or her part, you and every
one of you
will well and truly observe and keep; so help you God (or, this affirmation you
make and give
upon the peril of the penalty of perjury).
34-19-5 Return of verdict. If, upon a full hearing of the cause, the jury
shall find the
complaint laid before them supported by the evidence, they shall sign and return
to the court their
verdict, in form following, to wit:
At a court of inquiry held before one of the justices of the superior court
within and for the
county of
at =sr upon the day of
=sr in the year , the jury, upon their oaths, do find that the lands or
tenements in
aforesaid, bounded (or, described) as follows (as in the complaint),
upon the =sr day of in the year
=sr were in the lawful and rightful possession of
=sr and that did, upon
the same day, unlawfully, with force and arms and with a strong hand, enter
forcibly into the
same, and (or, being lawfully upon the same) did unlawfully, with force and a
strong hand, hold
and keep
out =sr and that he or she still continues
wrongfully to detain the possession from him or her, =sr :
whereupon the jury find, upon their oaths aforesaid, that
=sr ought to have restitution thereof without delay.
34-19-6 Judgment and writ of restitution. Upon the return of verdict for
the complainant,
the court shall enter up judgment that the complainant have restitution of the
premises, with all
costs, to be taxed by the court, and shall award a writ of restitution and for
costs against the party
complained of, in the form following:
THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. SC.
(SEAL) To the sheriff of our county of =sr ,
or to his or her deputy, =sr Greeting:
Whereas, at a court of inquiry of forcible entry and detainer,
held at in our county of
upon the =sr day of in the year =qr before one of the justices of the superior
court,
the jurors impaneled and sworn by our justice did return their verdict in
writing, signed by each
of them, that
was upon the =sr day of in the
rightful possession of a certain messuage or tract of land (as in the verdict
returned), and that
(as in the verdict), whereupon it was considered by our court that
should have restitution of the same, we command you, that, taking with you the
power of the
county, if necessary, you cause =qr to be forthwith removed from
the premises,
and =sr to have peaceable possession of the same, and also that you levy of the
goods and
chattels and
real estate of the said =sr the sum of
being costs taxed against him or her on the trial aforesaid, together with
twenty-five cents (25/c)
more for this writ, and also your own fees for levying the same; and for want of
such goods and
chattels or real
estate of =sr to be by you found, you
are commanded to take the body of
and him or her to commit to jail in =sr , in
county of =sr , there to remain until he shall pay the
sum aforesaid together with all fees arising on the service of this writ or
until he is delivered by
order of law; and make return of this writ and your doings thereon within twenty
(20) days next
coming.
Witness the seal of the superior court the day of in the year =sr . =qr Clerk.
(or) Witness my hand and seal the =sr day of =qr in the year . =qr Justice of
the superior court.
34-19-7 Recovery of costs by defendant. If the jury's verdict is that the
complaint is not
supported, or if the jury cannot agree upon a verdict, the defendant shall
recover his or her costs
of the proceeding, to be taxed by the court, who shall award to him or her, in
common form,
execution therefor.
34-19-8 Appeal not allowed --New trial --Judgment not bar to further
action. No appeal
shall be allowed from the judgment of the court, nor shall a new trial be
granted, in this
proceeding, nor shall the judgment be a bar to any action thereafter brought by
either party.
34-19-9 Certiorari to supreme court. The proceeding may be removed by
certiorari into the
supreme court, and be quashed for irregularity, if there is any.
34-19-10 Limitation of actions. The complaint may be made within three (3)
years after the
forcible entry and detainer, or forcible detainer, complained of is committed,
and not after.
34-19-11 Compensation of jurors. Every person summoned and attending as a
juror shall
be entitled to the same allowance per day for attendance and for travel per mile
as for like
attendance and travel in the superior court; to be paid in the first instance by
the complainant
before the verdict shall be received, and to be taxed in the bill of costs
against the defendant, if the
verdict be against him or her.