Rhode Island Eviction Complaint (District Court)

COMPLAINT FOR EVICTION — RHODE ISLAND DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Rental Agreement
4. Pre-Suit Notice and Conditions Precedent
5. Count I — Eviction for Nonpayment of Rent (R.I.G.L. § 34-18-35)
6. Count II — Eviction for Noncompliance with Rental Agreement (R.I.G.L. § 34-18-36)
7. Count III — Termination of Periodic Tenancy (R.I.G.L. § 34-18-37)
8. Count IV — Damages, Use and Occupancy, and Costs
9. Prayer for Relief
10. Verification
11. Signature and Service Blocks
12. Certificate of Service
13. Exhibits Index
14. Rhode Island Practice Notes
15. Sources and References

1. CAPTION

STATE OF RHODE ISLAND

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

C.A. NO. [________________________________]

COMPLAINT FOR EVICTION
(R.I.G.L. § 34-18-35 / § 34-18-36 / § 34-18-37)
[VERIFIED]

Plaintiff, complaining of Defendant(s), alleges and says as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff. Plaintiff [LANDLORD NAME] ("Landlord") is the owner of and/or party in interest to the rental of the Premises (defined below) and resides at / has its principal place of business at [ADDRESS].

2.2. Defendant Tenant(s). Defendant(s) [TENANT NAME(S)] ("Tenant") is/are the tenant(s) of the Premises and may be served at [SERVICE ADDRESS — typically the Premises].

2.3. All Other Occupants. Defendants John Doe and Jane Doe represent any and all other adult occupants of the Premises whose true names are unknown to Plaintiff.

2.4. Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this eviction action pursuant to R.I.G.L. § 8-8-3 and R.I.G.L. § 34-18-38. The Rhode Island District Court has inherent jurisdiction over landlord-tenant matters without a jurisdictional dollar amount.

2.5. Venue. Venue is proper in this Division because the Premises is located at [ADDRESS], in the City/Town of [CITY/TOWN], County of [COUNTY], Rhode Island, which is within this Division.

3. THE PREMISES AND THE RENTAL AGREEMENT

3.1. Premises. The Premises subject to this Complaint is the dwelling unit located at:

[FULL STREET ADDRESS, INCLUDING UNIT / APARTMENT NUMBER]
[City], Rhode Island [Zip]
(the "Premises").

3.2. Type of Premises. The Premises is a [☐ single-family residence ☐ unit in a 2-family ☐ unit in a 3-family ☐ unit in a 4-or-more-family ☐ condominium ☐ other: __________].

3.3. Rental Agreement. Plaintiff and Defendant(s) entered into a [☐ written lease dated [__/__/____] (attached as Exhibit B) ☐ oral month-to-month rental agreement] (the "Rental Agreement").

3.4. Periodic Rent. The Rental Agreement provides for periodic rent of $[__________] per [☐ month ☐ week], due on the [____] day of each [☐ month ☐ week].

3.5. Security Deposit. Plaintiff holds a security deposit of $[__________], which does not exceed one (1) month's periodic rent, in compliance with R.I.G.L. § 34-18-19(b).

3.6. Subsidy / Assistance. The Premises is [☐ not ☐ is] subject to a federal or state housing-subsidy program. If subject, the program is: [☐ Section 8 HCV ☐ Project-Based Section 8 ☐ Public Housing ☐ LIHTC ☐ USDA RD ☐ Other: __________]. Plaintiff has complied with all applicable federal regulations governing notice and good cause.

3.7. Mobile Home Park. The Premises is [☐ not ☐ is] a lot in a mobile or manufactured home park. (If yes, this complaint should be brought under R.I.G.L. § 31-44, not chapter 34-18.)

4. PRE-SUIT NOTICE AND CONDITIONS PRECEDENT

4.1. Notice Given. Plaintiff served upon Defendant(s) the following pre-suit notice(s), true and correct copies of which are attached as Exhibit A:

4.2. Method of Service. The notice was served by [☐ U.S. first-class mail ☐ U.S. certified mail RRR (Article No. ____) ☐ hand delivery ☐ posting], in compliance with R.I.G.L. § 34-18-56.

4.3. Computation. This Complaint is being filed on or after the earliest permissible filing date set forth above, computed from the date of mailing as required by chapter 34-18.

4.4. Conditions Precedent. All conditions precedent to the maintenance of this action have been satisfied or have occurred.

4.5. Cure Status. Defendant(s) has/have NOT cured the breach within the statutorily allowed cure period.

5. COUNT I — EVICTION FOR NONPAYMENT OF RENT (R.I.G.L. § 34-18-35)

5.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.5 as if fully set forth.

5.2. Periodic rent in the amount of $[__________] per [month/week] became due and was not paid in full on the dates set forth in the rent ledger attached as Exhibit C.

5.3. As of [__/__/____], rent was at least fifteen (15) days in arrears in the amount of $[__________], satisfying the predicate of R.I.G.L. § 34-18-35(a).

5.4. On [__/__/____], Plaintiff mailed to Defendant(s), in substantially the form prescribed by R.I.G.L. § 34-18-56(a), a Five (5) Day Demand for Rent (the "§ 34-18-35 Notice"), a true and correct copy of which is attached as Exhibit A-1, together with a Certificate of Mailing.

5.5. More than five (5) days have elapsed from the date of mailing of the § 34-18-35 Notice, and Defendant(s) has/have not cured the arrearage by tendering the full amount of rent owed.

5.6. Pursuant to R.I.G.L. § 34-18-35(b), the Rental Agreement has terminated, and Plaintiff is entitled to possession of the Premises.

5.7. As of the filing of this Complaint, the unpaid rent in arrears is $[__________], which sum continues to accrue at the periodic rent rate.

5.8. Prior Demand within 6 Months / Willful Nonpayment. [☐ Defendant(s) received a prior § 34-18-35 demand within the six (6) months immediately preceding the filing of this action (Exhibit __) AND the nonpayment is willful, entitling Plaintiff to reasonable attorney's fees pursuant to § 34-18-35(d) ☐ Not applicable.]

6. COUNT II — EVICTION FOR NONCOMPLIANCE WITH RENTAL AGREEMENT (R.I.G.L. § 34-18-36)

6.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.5 as if fully set forth.

6.2. Defendant(s) has/have materially breached [☐ the Rental Agreement ☐ R.I.G.L. § 34-18-24 ☐ both] by reason of the following acts and/or omissions:

[FACT-SPECIFIC NARRATIVE — describe the breach with particularity, citing the lease provision number and quoting relevant text; cite the § 34-18-24 subdivision; provide dates, witnesses, and supporting documentation.]

6.3. The breach materially affects [☐ Plaintiff's rights under the Rental Agreement ☐ the health and safety of occupants or neighbors ☐ the physical condition of the Premises ☐ compliance with applicable building/housing codes].

6.4. On [__/__/____], Plaintiff mailed to Defendant(s), in substantially the form prescribed by R.I.G.L. § 34-18-56(b), a Twenty (20) Day Notice of Noncompliance (the "§ 34-18-36 Notice"), a true and correct copy of which is attached as Exhibit A-2, together with a Certificate of Mailing. The § 34-18-36 Notice specified the act(s)/omission(s) constituting the breach, the act(s)/repair(s)/payment(s) required to remedy, and stated a termination date not less than 21 days after mailing.

6.5. Defendant(s) has/have not adequately remedied the breach within twenty (20) days of mailing of the § 34-18-36 Notice, and the Rental Agreement has terminated on the Termination Date stated in the Notice.

6.6. Repeat Violation / No-Cure Designation (if applicable). [☐ This Count is brought under R.I.G.L. § 34-18-36(b) for a repeat violation within 6 months of a prior good-faith notice (attached as Exhibit __) and no opportunity to cure was required ☐ This Count is brought under R.I.G.L. § 34-18-24(8)/(9)/(10) and no notice or opportunity to cure was required ☐ Not applicable.]

7. COUNT III — TERMINATION OF PERIODIC TENANCY (R.I.G.L. § 34-18-37)

7.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.5 as if fully set forth.

7.2. The tenancy is a [☐ month-to-month ☐ week-to-week ☐ other periodic] tenancy of more than a month but less than a year.

7.3. On [__/__/____], Plaintiff served upon Defendant(s), in substantially the form prescribed by R.I.G.L. § 34-18-56(c), a Thirty (30) Day Notice of Termination of Periodic Tenancy (the "§ 34-18-37 Notice"), a true and correct copy of which is attached as Exhibit A-3.

7.4. The § 34-18-37 Notice specified a Termination Date of [__/__/____], which was at least thirty (30) days after delivery and which coincided with the end of a rent period.

7.5. The tenancy has terminated by operation of the § 34-18-37 Notice, and Defendant(s) has/have failed to vacate the Premises.

7.6. The termination was given without retaliatory or discriminatory motive and is supported by the following legitimate, non-pretextual reason: [____________________________________________].

8. COUNT IV — DAMAGES, USE AND OCCUPANCY, AND COSTS

8.1. Plaintiff incorporates by reference all preceding paragraphs.

8.2. Unpaid Rent. Defendant(s) owe(s) Plaintiff unpaid rent in the amount of $[__________] as of the date of filing.

8.3. Continuing Use and Occupancy. Defendant(s) are liable to Plaintiff for use and occupancy at the periodic-rent rate for each day from the termination of the tenancy through the date possession is restored to Plaintiff.

8.4. Property Damage and Waste. [If applicable.] Defendant(s) caused damages to the Premises in excess of ordinary wear and tear in the amount of $[__________], as itemized in Exhibit D.

8.5. Late Fees / Additional Rent. [If permitted by lease and Rhode Island law.] Defendant(s) owe(s) late fees and additional rent in the amount of $[__________].

8.6. Court Costs and Statutory Interest. Plaintiff is entitled to court costs and statutory interest at the rate prescribed by R.I.G.L. § 9-21-10.

8.7. Attorney's Fees. [If applicable.] Plaintiff is entitled to reasonable attorney's fees pursuant to [☐ R.I.G.L. § 34-18-35(d) (prior demand within 6 months and willful nonpayment) ☐ the prevailing-party clause of the Rental Agreement (¶ ___) ☐ other authority: __________].

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant(s) as follows:

A. For possession of the Premises and an Execution for Possession;
B. For a money judgment in the amount of unpaid rent in arrears as of the date of judgment;
C. For continuing use-and-occupancy damages at the periodic-rent rate from termination through the date possession is restored;
D. For property-damage and waste damages, if any;
E. For late fees and additional rent, if any;
F. For court costs and statutory interest;
G. For reasonable attorney's fees, where authorized by statute or the Rental Agreement;
H. For such other and further relief as this Court deems just and proper.

10. VERIFICATION

I, [NAME OF VERIFIER], being duly sworn, depose and say that I am the Plaintiff (or an authorized officer/agent of the Plaintiff) in this action; that I have read the foregoing Complaint; 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: [____________________________________________]

Title / Capacity: [____________________________________________]

State of Rhode Island, County of [____________________]

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

Notary Public: [____________________________________________]

My commission expires: [____________________]

11. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[LANDLORD NAME], Plaintiff
By his/her/their attorney,

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

Date: [__/__/____]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing Complaint, with all exhibits, was caused to be served on Defendant(s) at the Premises by Constable / Sheriff in accordance with R.I.G.L. § 34-18-38 and Rhode Island District Court Civil Rule 4.

Signature: [____________________________________________]

Printed name: [____________________________________________]

13. EXHIBITS INDEX

• Exhibit A-1 — § 34-18-35 Five (5) Day Demand for Rent (with Certificate of Mailing)
• Exhibit A-2 — § 34-18-36 Twenty (20) Day Notice of Noncompliance (with Certificate of Mailing)
• Exhibit A-3 — § 34-18-37 Thirty (30) Day Notice of Termination (with Certificate of Mailing)
• Exhibit B — Written Rental Agreement / Lease
• Exhibit C — Rent Ledger / Payment History
• Exhibit D — Itemized Property Damage Statement (if applicable)
• Exhibit E — Photographs of Breach Conditions (if applicable)
• Exhibit F — Code Enforcement / Inspection Records (if applicable)
• Exhibit G — Prior Notices, Warnings, or Stipulations (if applicable)
• Exhibit H — HUD / Subsidy Compliance Documentation (if applicable)

14. RHODE ISLAND PRACTICE NOTES

14.1. District Court Forms. Rhode Island District Court provides statutorily-prescribed complaint forms (DC-54 for nonpayment) and answer forms (DC-53). Confirm with the clerk whether the prescribed form is required, the narrative complaint is required, or both. Best practice: file the prescribed form and attach this narrative as a sworn addendum.

14.2. Constable / Sheriff Service. R.I.G.L. § 34-18-38 and Rhode Island District Court Civil Rule 4 govern service. Service is typically by Constable. Build at least 7-10 days into the schedule for service before the hearing date.

14.3. Hearing Calendar. Eviction calendars in Providence and Kent are heavy and typically heard within 14-28 days of filing. Newport and Washington are often faster. Be prepared to go forward at the first appearance.

14.4. Tenant's Right to Cure at Hearing. Under § 34-18-35(c), a tenant who has not received a § 34-18-35 demand within the prior 6 months may cure at the hearing by tendering all rent in arrears plus court costs. Plaintiff cannot defeat this right by refusing tender; the Court will accept payment into the registry.

14.5. Possession vs. Money Judgment. District Court can enter both a possession judgment and a money judgment in the same action. Some divisions bifurcate; check local practice.

14.6. Execution and Removal. After judgment, Plaintiff applies for an Execution for Possession. Only a Sheriff or Constable may physically remove the tenant. Self-help is barred (§ 34-18-44).

14.7. Five-Day Appeal to Superior Court. Tenant (and Plaintiff) have FIVE (5) calendar days, including Saturday, Sunday, and holidays, after entry of judgment to claim an appeal to Superior Court for trial de novo on all questions of law and fact under R.I.G.L. § 9-12-10.1 (cross-referenced from § 34-18-47). Filing fee approximately $160.00; may be waived for indigency. Rent must be paid into the registry during appeal. Once the 5-day appeal period lapses, the Sheriff may execute.

14.8. Tenant's Available Defenses. Plaintiff should anticipate (a) notice-defect defenses (timing, content, mailing), (b) warranty-of-habitability defenses under § 34-18-22 with attendant rent abatement / setoff, (c) retaliation under § 34-18-46 (6-month presumption), (d) discrimination under R.I.G.L. § 34-37 / 42 U.S.C. § 3601 (especially source-of-income), (e) acceptance of rent / waiver, (f) self-help / unclean hands under § 34-18-34, and (g) federal subsidized-housing good cause and HUD-notice deficiencies.

14.9. Subsidized Housing. For Section 8 HCV/PBV, project-based Section 8, public housing, LIHTC, and USDA RD tenancies, plead and prove federal good cause and attach HUD-compliant pre-suit notices (24 C.F.R. parts 247, 880, 882, 966).

14.10. Mobile Homes. If the Premises is a lot in a mobile/manufactured home park, do not file under chapter 34-18; use R.I.G.L. § 31-44.

14.11. Acceptance of Rent During Pendency. Acceptance of rent after termination but before judgment generally does not waive the action if accepted as "use and occupancy without waiver of pending action." Document this characterization in writing at the time of acceptance.

14.12. Pandemic-Era Records. Tenants may invoke pre-pandemic and pandemic-era ledger inconsistencies and RentReliefRI claims as defenses or setoffs. Plaintiff should obtain and preserve all relevant records.

15. SOURCES AND REFERENCES

Statutes

• R.I.G.L. § 8-8-3 — District Court jurisdiction
• 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. § 34-18-34 — Tenant's remedies for landlord's unlawful ouster
• R.I.G.L. § 34-18-35 — Eviction for nonpayment of rent
• 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
• 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
• 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-54 — Complaint for Eviction for Non-payment of Rent
• District Court Form DC-53 — Answer (Defendant-Tenant)

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 Section 8 / public housing regulations — hud.gov

END OF COMPLAINT