Rhode Island Landlord Tenant Lawyers

Rhode Island Residential Landlord and Tenant Act

Underlying purposes and policies of this chapter are to:

• Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants.
• Encourage landlords and tenants to maintain and improve the quality and availability of housing.
• 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

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.

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.

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being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.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, the provisions of this chapter shall control.

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. The aggrieved party has a duty to mitigate damages. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.

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.

Service of process for actions pursuant to chapter. In actions for nonpayment of rent, the summons for eviction for nonpayment of rent shall be in the form provided. 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 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.

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