Rhode Island Tenant's Answer to Eviction Complaint (with Affirmative Defenses, Counterclaims, and Jury Demand)

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND JURY DEMAND — RHODE ISLAND DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. General Denial
3. Specific Responses to Complaint Allegations
4. Affirmative Defenses
5. Counterclaims
6. Setoff and Recoupment
7. Tender at Hearing (R.I.G.L. § 34-18-35(c))
8. Demand for Jury Trial
9. Reservation of Rights and Demand for Discovery
10. Prayer for Relief
11. Verification
12. Signature and Service Blocks
13. Certificate of Service
14. Exhibits Index
15. Rhode Island Practice Notes
16. Sources and References

1. CAPTION

STATE OF RHODE ISLAND

DISTRICT COURT — [☐ SIXTH (PROVIDENCE/BRISTOL) ☐ SECOND (NEWPORT) ☐ THIRD (KENT) ☐ FOURTH (WASHINGTON)] DIVISION

C.A. NO. [________________________________]

ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL

Defendant [TENANT NAME] ("Tenant"), by and through undersigned counsel (or pro se), answers the Complaint and asserts affirmative defenses, counterclaims, and a demand for jury trial as follows:

2. GENERAL DENIAL

Except as expressly admitted in this Answer, Tenant denies each and every allegation of the Complaint and demands strict proof thereof.

3. SPECIFIC RESPONSES TO COMPLAINT ALLEGATIONS

4. AFFIRMATIVE DEFENSES

Tenant asserts the following affirmative defenses, each of which is pleaded separately and without waiver of any other.

4.1. First Affirmative Defense — Defective Pre-Suit Notice

The pre-suit notice is statutorily defective and the Complaint must be dismissed because [check all that apply]:

• ☐ The § 34-18-35 demand was mailed before rent was 15 days in arrears, in violation of § 34-18-35(a);
• ☐ The eviction action was filed earlier than the sixth (6th) day after mailing of the § 34-18-35 demand, in violation of § 34-18-35(b);
• ☐ The § 34-18-36 notice failed to specify with particularity the acts and/or omissions constituting the breach;
• ☐ The § 34-18-36 notice failed to specify with particularity the acts, repairs, or payment of damages required to remedy the breach;
• ☐ The § 34-18-36 notice stated a termination date less than 21 days after mailing;
• ☐ The § 34-18-37 notice provided less than 30 days from delivery to the Termination Date;
• ☐ The § 34-18-37 Termination Date did not coincide with a rent-period end date;
• ☐ The notice was not properly mailed / served (no Certificate of Mailing; not sent to last-known address; not in substantially the form prescribed by § 34-18-56);
• ☐ The notice combined nonpayment-of-rent grounds with noncompliance grounds in a single instrument, contrary to chapter 34-18.

4.2. Second Affirmative Defense — Cure Timely Tendered / Available at Hearing

Tenant timely cured the alleged breach OR tenders cure at the hearing pursuant to R.I.G.L. § 34-18-35(c), having NOT received a § 34-18-35 demand within the six (6) months immediately preceding the filing of this action. Tenant brings to court certified funds in the amount of all rent in arrears plus court costs and tenders the same in open court.

4.3. Third Affirmative Defense — Implied Warranty of Habitability (R.I.G.L. § 34-18-22)

Plaintiff materially breached the implied warranty of habitability, including by failing to:

[Check all that apply and provide facts and dates.]

• ☐ Maintain the Premises in a fit and habitable condition;
• ☐ Comply with applicable building and housing codes (city/town: __________; code citation: __________);
• ☐ Keep all common areas in a clean and safe condition;
• ☐ Maintain electrical, plumbing, sanitary, heating, ventilating, or air-conditioning facilities in good and safe working order;
• ☐ Provide running water at all times;
• ☐ Provide reasonable amounts of hot water at all times;
• ☐ Provide reasonable heat between October 1 and May 1;
• ☐ Provide and maintain appropriate receptacles for ashes, garbage, rubbish, and waste;
• ☐ Other: [____________________________________________].

Detailed facts: [____________________________________________].

By reason of these breaches, Tenant is entitled to rent abatement, setoff, and the remedies provided by R.I.G.L. § 34-18-32, including termination of the rental agreement, recovery of possession, damages, injunctive relief, and reasonable attorney's fees.

4.4. Fourth Affirmative Defense — Retaliation (R.I.G.L. § 34-18-46)

Plaintiff's eviction action is retaliatory in violation of R.I.G.L. § 34-18-46. Within the six (6) months immediately preceding Plaintiff's adverse action, Tenant engaged in protected activity, creating a rebuttable presumption of retaliation:

[Check all that apply and provide dates.]

• ☐ Complaint to a building or housing code official (agency: __________; date: __/__/____);
• ☐ Complaint to the Landlord regarding § 34-18-22 violations (date: __/__/____);
• ☐ Complaint to a fair-housing or human-rights agency (agency: __________; date: __/__/____);
• ☐ Organizing or membership in a tenant union (date: __/__/____);
• ☐ Exercise of rights under R.I.G.L. chapter 34-18 (description: __________);
• ☐ Other protected activity: [____________________________________________].

4.5. Fifth Affirmative Defense — Discrimination

Plaintiff's eviction action is motivated by discrimination in violation of the Rhode Island Fair Housing Practices Act, R.I.G.L. § 34-37 et seq., and the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., on the basis of [check all that apply]:

• ☐ Race ☐ Color ☐ Religion ☐ Sex ☐ Sexual orientation ☐ Gender identity or expression
• ☐ Marital status ☐ Familial status (presence of minor children) ☐ Disability
• ☐ Age ☐ Ancestry ☐ National origin ☐ Military / veteran status
• ☐ Lawful source of income (e.g., Section 8 / HCV voucher, SSI, SSDI, TANF, child support, alimony, public assistance)
• ☐ Status as victim of domestic abuse / restraining order petitioner
• ☐ Other protected class: [____________________].

Facts supporting discriminatory motive: [____________________________________________].

4.6. Sixth Affirmative Defense — Self-Help / Unclean Hands (R.I.G.L. § 34-18-44, § 34-18-34)

Plaintiff has engaged in unlawful self-help against Tenant by [check all that apply]:

• ☐ Changing locks / lockout (date: __/__/____);
• ☐ Removing doors, windows, or fixtures (date: __/__/____);
• ☐ Shutting off heat (date: __/__/____);
• ☐ Shutting off running water or hot water (date: __/__/____);
• ☐ Shutting off electricity or gas (date: __/__/____);
• ☐ Removing Tenant's possessions from the Premises (date: __/__/____);
• ☐ Threats of any of the foregoing (date: __/__/____);
• ☐ Other interference with use and enjoyment: [____________________].

Plaintiff's self-help conduct bars equitable relief under the doctrine of unclean hands and entitles Tenant to the greater of three (3) months' periodic rent or threefold actual damages, plus reasonable attorney's fees, under R.I.G.L. § 34-18-34.

4.7. Seventh Affirmative Defense — Security Deposit Setoff (R.I.G.L. § 34-18-19)

Plaintiff holds a security deposit of $[__________]. To the extent any rent is found owing, Tenant is entitled to setoff for [check all that apply]:

• ☐ The amount of the security deposit;
• ☐ Statutory damages of twice (2x) the amount wrongfully withheld;
• ☐ Reasonable attorney's fees.

4.8. Eighth Affirmative Defense — Waiver / Acceptance of Rent

Plaintiff waived the alleged breach by accepting rent for periods after [☐ the date of the alleged breach ☐ the date of mailing of the pre-suit notice ☐ the stated Termination Date], without preserving the action in writing.

4.9. Ninth Affirmative Defense — Federal Subsidized-Housing Good Cause and HUD-Notice Compliance

The Premises is subject to a federal housing-subsidy program ([☐ Section 8 HCV ☐ Project-Based Section 8 ☐ Public Housing ☐ LIHTC ☐ USDA RD ☐ Other: __________]), and Plaintiff has failed to plead or prove [check all that apply]:

• ☐ Federal good cause for termination (24 C.F.R. parts 247, 880, 882, 966 et al.);
• ☐ HUD-required pre-termination notice content;
• ☐ HUD-required grace periods;
• ☐ HUD-required opportunity to cure;
• ☐ Compliance with VAWA protections (34 U.S.C. § 12491);
• ☐ Compliance with the lease addendum required by the program.

4.10. Tenth Affirmative Defense — Cure / Adequacy under § 34-18-36

Tenant adequately remedied the alleged breach within the 20-day cure period prescribed by R.I.G.L. § 34-18-36(a), and the rental agreement therefore did not terminate.

4.11. Eleventh Affirmative Defense — Constructive Eviction

Plaintiff's failure to maintain the Premises and/or interference with Tenant's use and quiet enjoyment of the Premises constitutes a constructive eviction, suspending or extinguishing Tenant's obligation to pay rent for the period in question.

4.12. Twelfth Affirmative Defense — Defective Service / Lack of Personal Jurisdiction

The Complaint and summons were not properly served upon Tenant in accordance with Rhode Island District Court Civil Rule 4 and R.I.G.L. § 34-18-38, depriving the Court of personal jurisdiction.

4.13. Thirteenth Affirmative Defense — Lack of Standing / Wrong Plaintiff

Plaintiff is not the owner of record, the lessor of record, or the holder of the right to maintain this action.

4.14. Fourteenth Affirmative Defense — Statute of Frauds / No Enforceable Lease

To the extent the Complaint relies on a tenancy of more than one year, the alleged lease violates the Rhode Island statute of frauds and is unenforceable.

4.15. Fifteenth Affirmative Defense — Failure to State a Claim

The Complaint fails to state a claim upon which relief can be granted.

4.16. Sixteenth Affirmative Defense — Reservation

Tenant reserves the right to assert additional affirmative defenses as discovery progresses.

5. COUNTERCLAIMS

Pursuant to Rhode Island District Court practice, Tenant asserts the following counterclaims against Plaintiff.

5.1. Count I — Breach of Implied Warranty of Habitability (R.I.G.L. § 34-18-22, § 34-18-32)

5.1.1. Tenant incorporates paragraphs 4.3 above.

5.1.2. Plaintiff's failure to maintain the Premises in compliance with § 34-18-22 has caused Tenant damages including, without limitation, rent abatement, the cost of self-help repairs, the cost of substitute accommodations, personal property damage, medical expenses, and loss of use and quiet enjoyment.

5.1.3. Tenant is entitled to the remedies provided by § 34-18-32, including termination of the rental agreement, recovery of damages, injunctive relief, and reasonable attorney's fees.

5.2. Count II — Unlawful Ouster / Diminution of Service (R.I.G.L. § 34-18-44, § 34-18-34)

5.2.1. Tenant incorporates paragraphs 4.6 above.

5.2.2. Plaintiff's self-help conduct entitles Tenant to recover the greater of three (3) months' periodic rent or threefold the actual damages sustained, plus reasonable attorney's fees, pursuant to R.I.G.L. § 34-18-34.

5.2.3. Tenant further seeks restoration of possession and any other appropriate equitable relief.

5.3. Count III — Security-Deposit Violations (R.I.G.L. § 34-18-19)

5.3.1. Plaintiff failed to comply with R.I.G.L. § 34-18-19 by [check all that apply]:

• ☐ Demanding or receiving a security deposit in excess of one (1) month's periodic rent;
• ☐ Failing to deliver an itemized statement of damages and the balance of the deposit within twenty (20) days after the later of termination, delivery of possession, or Tenant's providing a forwarding address;
• ☐ Withholding amounts not authorized by § 34-18-19;
• ☐ Other: [____________________].

5.3.2. Tenant is entitled to recover the amount due, twice (2x) the amount wrongfully withheld, and reasonable attorney's fees.

5.4. Count IV — Retaliation (R.I.G.L. § 34-18-46)

5.4.1. Tenant incorporates paragraphs 4.4 above.

5.4.2. Plaintiff's retaliation entitles Tenant to declaratory and injunctive relief, including dismissal of this eviction action and restoration of any service or right diminished, plus damages, costs, and reasonable attorney's fees.

5.5. Count V — Housing Discrimination (R.I.G.L. § 34-37; 42 U.S.C. § 3601 et seq.)

5.5.1. Tenant incorporates paragraphs 4.5 above.

5.5.2. Plaintiff's discriminatory conduct entitles Tenant to compensatory damages, punitive damages, declaratory and injunctive relief, civil penalties, and reasonable attorney's fees as provided by R.I.G.L. § 34-37 and 42 U.S.C. §§ 3604, 3613.

5.5.3. Tenant reserves the right to file parallel charges with the Rhode Island Commission for Human Rights and the U.S. Department of Housing and Urban Development.

5.6. Count VI — Breach of the Covenant of Quiet Enjoyment

5.6.1. Plaintiff has interfered with Tenant's quiet enjoyment of the Premises through repeated unannounced entries, harassment, threats, third-party interference, or other conduct described in the supporting facts above.

5.6.2. Tenant is entitled to damages and injunctive relief.

5.7. Count VII — Violations of Federal Subsidized-Housing Regulations

5.7.1. Plaintiff has violated federal regulations governing the subsidy program applicable to the Premises (24 C.F.R. parts 247, 880, 882, 966 et al.), including by failing to provide good cause, federally compliant notice, and required grace and cure periods.

5.7.2. Tenant is entitled to dismissal and to such damages and equitable relief as are available under federal law.

6. SETOFF AND RECOUPMENT

Without waiver of any other defense, Tenant asserts the right to setoff and recoupment against any amount found owing to Plaintiff for, inter alia, the following:

7. TENDER AT HEARING (R.I.G.L. § 34-18-35(c))

7.1. Tenant has NOT received a § 34-18-35 demand notice within the six (6) months immediately preceding the filing of this action.

7.2. Tenant accordingly retains the statutory right to cure any nonpayment-of-rent claim by tendering, at the time of hearing, the full amount of rent in arrears together with court costs.

7.3. Tenant brings certified funds to the hearing in the amount of $[__________] (rent in arrears) plus $[__________] (court costs) and tenders the same to the Court for deposit into the registry pursuant to § 34-18-35(c).

8. DEMAND FOR JURY TRIAL

Tenant hereby demands a trial by jury on all issues so triable, in this action and on appeal de novo to the Superior Court pursuant to R.I.G.L. § 9-12-10.1 and § 34-18-47, and on all counterclaims asserted herein.

9. RESERVATION OF RIGHTS AND DEMAND FOR DISCOVERY

9.1. Tenant reserves the right to amend this Answer to assert additional defenses and counterclaims as discovery progresses.

9.2. Tenant requests the following from Plaintiff:

• Complete rent ledger and payment history for the entire tenancy;
• All pre-suit notices, certificates of mailing, and certified-mail receipts;
• All communications between the parties relating to the alleged breach;
• All maintenance records, work orders, and inspection reports;
• All code-enforcement, building-department, and fire-department correspondence;
• All HUD / subsidy records (if applicable);
• The deed of record / proof of standing for the Plaintiff;
• All photographs and any video relating to the Premises.

9.3. Tenant requests preservation of all electronically stored information, including text messages, emails, voicemails, and property-management software records.

10. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests that this Court enter judgment as follows:

A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Tenant on all counterclaims;
C. Award compensatory damages in an amount to be determined at trial;
D. Award statutory damages, including but not limited to (i) twice the security deposit wrongfully withheld under § 34-18-19, (ii) the greater of three (3) months' periodic rent or threefold actual damages under § 34-18-34, and (iii) damages under R.I.G.L. § 34-37 and 42 U.S.C. § 3613;
E. Award rent abatement for periods in which the Premises was uninhabitable;
F. Issue declaratory and injunctive relief, including restoration of any diminished service, abatement of code violations, and order to pay any tendered cure into the registry;
G. Award reasonable attorney's fees and costs;
H. Award such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [NAME OF VERIFIER], being duly sworn, depose and say that I am the Defendant in this action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; and that the factual allegations are true of my own personal knowledge, except those alleged on information and belief, which I believe to be true.

Signature: [____________________________________________]

Printed name: [____________________________________________]

State of Rhode Island, County of [____________________]

Subscribed and sworn to before me this [____] day of [___________], 20[____].

Notary Public: [____________________________________________]

My commission expires: [____________________]

12. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[TENANT NAME], Defendant

☐ Pro se:
Signature: [____________________________________________]
Address: [____________________________________________]
Telephone: [_______________] Email: [_______________________]

☐ By counsel:
Signature: [____________________________________________]
[ATTORNEY NAME], Esq. (RI Bar No. [_______])
[FIRM NAME]
[ADDRESS]
[City], RI [Zip]
Telephone: [_______________] Fax: [_______________]
Email: [____________________]

Date: [__/__/____]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] I caused a true and correct copy of the foregoing Answer, Affirmative Defenses, Counterclaims, and Demand for Jury Trial to be served upon Plaintiff (or counsel of record for Plaintiff) by [☐ hand delivery ☐ U.S. mail ☐ electronic filing system ☐ email per agreement] at the following address:

[PLAINTIFF / COUNSEL NAME]
[ADDRESS]
[Email]

Signature: [____________________________________________]

Printed name: [____________________________________________]

14. EXHIBITS INDEX

• Exhibit 1 — Photographs of habitability conditions
• Exhibit 2 — Rent ledger / payment receipts (Tenant's records)
• Exhibit 3 — Code-enforcement orders / inspection reports
• Exhibit 4 — Communications evidencing complaints (texts, emails, letters)
• Exhibit 5 — Communications evidencing self-help / lockout / utility shutoff
• Exhibit 6 — Security-deposit receipt and any itemized statement received
• Exhibit 7 — HUD / subsidy program documents (if applicable)
• Exhibit 8 — Witness affidavits
• Exhibit 9 — Source-of-income / discrimination evidence
• Exhibit 10 — Certified funds for tender at hearing (cashier's check stub)

15. RHODE ISLAND PRACTICE NOTES

15.1. District Court Form DC-53. The official tenant answer form is DC-53 (revised periodically). Filing this narrative answer together with the DC-53 form preserves both the form and the detail. Confirm with the clerk in your division.

15.2. Answer Deadline. The summons states the answer date and the hearing date. In many divisions the answer is filed at or shortly before the hearing. Read the summons carefully and file early to preserve defenses.

15.3. Cure-at-Hearing. § 34-18-35(c) gives the tenant an absolute right to cure at the hearing if no § 34-18-35 demand has been received within the prior 6 months. Bring certified funds for total rent in arrears plus court costs. The Court will accept the tender even if Plaintiff objects.

15.4. Habitability and Setoff. § 34-18-22 (warranty) and § 34-18-32 (remedies) operate in tandem to permit rent abatement and setoff. Document conditions with photographs, repair receipts, code-enforcement reports, and witness statements. Repair-and-deduct under § 34-18-30 has procedural prerequisites — review carefully.

15.5. Retaliation Presumption. § 34-18-46 creates a 6-month rebuttable presumption. Pleading any qualifying protected activity in the answer triggers the presumption and shifts the burden to Plaintiff to rebut with evidence of a non-retaliatory motive.

15.6. Discrimination. Source-of-income discrimination (refusing or terminating Section 8) is unlawful under Rhode Island law and a frequent flashpoint. The Rhode Island Commission for Human Rights (RICHR) and HUD enforce both state and federal protections. Tenants may file parallel administrative charges; this answer preserves civil claims.

15.7. Self-Help. § 34-18-44 and § 34-18-34 provide robust remedies for lockouts and utility shutoffs (greater of 3 months' rent or threefold actual damages, plus attorney's fees). If self-help has occurred, file an immediate motion for emergency relief (TRO / restoration) with the answer.

15.8. Subsidized Housing. Federal good-cause and notice requirements (24 C.F.R. parts 247, 880, 882, 966) supersede Rhode Island law where stricter. VAWA (34 U.S.C. § 12491) provides additional defenses for survivors of domestic violence, dating violence, sexual assault, and stalking.

15.9. Mobile Homes. R.I.G.L. § 31-44 governs mobile home park evictions and provides distinct (often more protective) procedures.

15.10. Five-Day Appeal. If judgment enters against Tenant, claim an appeal within FIVE (5) calendar days, including weekends and holidays, under R.I.G.L. § 9-12-10.1. Appeal is to Superior Court for trial de novo on all questions of law and fact. Filing fee approximately $160.00; may be waived for indigency. Tenant must continue to pay rent into the registry during appeal. Once the 5-day period lapses, the Sheriff may execute.

15.11. Free / Low-Cost Legal Aid in Rhode Island.

• Rhode Island Legal Services: 1-800-662-5034 — rils.org
• Rhode Island Center for Justice: centerforjustice.org
• HelpRILaw.org — eviction self-help
• Operation Stand Down RI (veterans): osdri.org
• Roger Williams Pro Bono Collaborative
• Providence Eviction Defense Program (for Providence residents)
• Rhode Island Bar Association Lawyer Referral Service

15.12. Rhode Island Commission for Human Rights. 180 Westminster St., Providence; richr.ri.gov. Discrimination charges must be filed within 1 year of the discriminatory act.

15.13. Federal HUD Housing Discrimination Complaint. hud.gov/program_offices/fair_housing_equal_opp; 1 year deadline.

16. SOURCES AND REFERENCES

Statutes

• R.I.G.L. § 34-18-1 et seq. — Residential Landlord and Tenant Act
• R.I.G.L. § 34-18-15 — Terms and conditions of rental agreement
• R.I.G.L. § 34-18-19 — Security deposits
• R.I.G.L. § 34-18-22 — Landlord to maintain premises
• R.I.G.L. § 34-18-24 — Tenant to maintain dwelling unit
• R.I.G.L. § 34-18-30 — Repair and deduct
• R.I.G.L. § 34-18-31 — Repair affecting health and safety
• R.I.G.L. § 34-18-32 — Tenant remedies for noncompliance affecting health and safety
• R.I.G.L. § 34-18-34 — Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service
• R.I.G.L. § 34-18-35 — Eviction for nonpayment of rent (including cure-at-hearing)
• R.I.G.L. § 34-18-36 — Eviction for noncompliance with rental agreement
• R.I.G.L. § 34-18-37 — Termination of periodic tenancy
• R.I.G.L. § 34-18-38 — Action for possession
• R.I.G.L. § 34-18-44 — Self-help recovery of possession prohibited
• R.I.G.L. § 34-18-46 — Retaliatory conduct prohibited
• R.I.G.L. § 34-18-47 — Appeals
• R.I.G.L. § 34-18-49 — Payment of rent on stay of execution
• R.I.G.L. § 34-18-56 — Notices and complaint forms (statutory answer form at § 34-18-56(g))
• R.I.G.L. § 34-37 et seq. — Rhode Island Fair Housing Practices Act
• R.I.G.L. § 31-44 — Mobile and Manufactured Homes Act
• R.I.G.L. § 9-12-10.1 — Claim of appeal in landlord-tenant actions
• R.I.G.L. § 9-21-10 — Statutory interest
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
• 34 U.S.C. § 12491 — Violence Against Women Act housing protections
• 24 C.F.R. Parts 247, 880, 882, 966 — HUD subsidized-housing regulations

Court Rules and Forms

• Rhode Island District Court Civil Rules
• District Court Form DC-53 — Answer (Defendant-Tenant)
• District Court Form DC-54 — Complaint for Eviction for Non-payment of Rent

Official and Authoritative Resources

• Rhode Island General Assembly — webserver.rilegislature.gov
• Rhode Island Judiciary, District Court (Landlord-Tenant) — courts.ri.gov
• Rhode Island Landlord-Tenant Handbook — University of Rhode Island / RI General Assembly
• Rhode Island Legal Services (1-800-662-5034) — rils.org
• Rhode Island Center for Justice — centerforjustice.org
• Rhode Island Commission for Human Rights — richr.ri.gov
• HelpRILaw.org — eviction self-help materials
• Operation Stand Down RI (OSDRI) — eviction defense for veterans
• City of Providence — Tenant Bill of Rights / source-of-income protections
• HUD Fair Housing — hud.gov/fairhousing

END OF ANSWER