§ 34-18-36 Eviction for noncompliance withrental agreement. – (a) Except as provided in this chapter, if there is a material noncompliance bythe tenant with the rental agreement or a noncompliance with § 34-18-24materially affecting health and safety, the landlord shall deliver a writtendemand notice to the tenant, in a form substantially similar to that providedin § 34-18-56(b), specifying:
(1) The acts and/or omissions constituting the breach of therental agreement or of § 34-18-24;
(2) The acts, repairs, or payment of damages, which arenecessary 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 aspecified date, which shall not be less than twenty-one (21) days after themailing 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 inthe notice, the rental agreement shall not terminate. If the breach is notremedied, the landlord may commence an eviction action, which shall be filed noearlier than the first day following the termination date specified in thewritten demand notice. The action shall be initiated by filing a "Complaint forEviction for Reason Other Than for Nonpayment of Rent" in the appropriate courtaccording 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 thedate of service in which to file his or her answer to the complaint, and thatif he or she fails to file his or her answer within that time, he or she willbe defaulted. The matter may be assigned for hearing in accordance with therules of procedure of the appropriate court.
(d) Except as provided in this chapter, the landlord mayrecover possession, actual damages and obtain injunctive relief fornoncompliance by the tenant with the rental agreement or § 34-18-24. Ifthe tenant's noncompliance is willful, the landlord may recover reasonableattorney's fees.
(e) If substantially the same act or omission whichconstituted a prior noncompliance, of which good faith notice was given, recurswithin six (6) months, the landlord may terminate the rental agreement upon atleast twenty (20) days' written notice, specifying the breach and the date oftermination of the rental agreement. No allowance of time to remedynoncompliance 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 pursuantto a written lease agreement which commences no earlier than May 1st of theoccupation year and expires no later than October 15th of the occupation year,or commences no earlier than September 1st and expires no later than June 1stof the next subsequent year, with no right of renewal or extension beyond theabove dates; and (ii) has been charged with violating a municipal ordinance orhas otherwise violated the terms of the rental agreement pertaining to legaloccupancy or excessive noise or other disturbance of the peace, the landlordshall not be required to send a notice of noncompliance to the tenant and mayimmediately file a complaint for eviction in a form substantially similar tothat provided in § 34-18-56(e) and seek the relief set forth in subsection(d).
§ 34-18-36 Eviction for noncompliance withrental agreement. – (a) Except as provided in this chapter, if there is a material noncompliance bythe tenant with the rental agreement or a noncompliance with § 34-18-24materially affecting health and safety, the landlord shall deliver a writtendemand notice to the tenant, in a form substantially similar to that providedin § 34-18-56(b), specifying:
(1) The acts and/or omissions constituting the breach of therental agreement or of § 34-18-24;
(2) The acts, repairs, or payment of damages, which arenecessary 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 aspecified date, which shall not be less than twenty-one (21) days after themailing 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 inthe notice, the rental agreement shall not terminate. If the breach is notremedied, the landlord may commence an eviction action, which shall be filed noearlier than the first day following the termination date specified in thewritten demand notice. The action shall be initiated by filing a "Complaint forEviction for Reason Other Than for Nonpayment of Rent" in the appropriate courtaccording 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 thedate of service in which to file his or her answer to the complaint, and thatif he or she fails to file his or her answer within that time, he or she willbe defaulted. The matter may be assigned for hearing in accordance with therules of procedure of the appropriate court.
(d) Except as provided in this chapter, the landlord mayrecover possession, actual damages and obtain injunctive relief fornoncompliance by the tenant with the rental agreement or § 34-18-24. Ifthe tenant's noncompliance is willful, the landlord may recover reasonableattorney's fees.
(e) If substantially the same act or omission whichconstituted a prior noncompliance, of which good faith notice was given, recurswithin six (6) months, the landlord may terminate the rental agreement upon atleast twenty (20) days' written notice, specifying the breach and the date oftermination of the rental agreement. No allowance of time to remedynoncompliance 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 pursuantto a written lease agreement which commences no earlier than May 1st of theoccupation year and expires no later than October 15th of the occupation year,or commences no earlier than September 1st and expires no later than June 1stof the next subsequent year, with no right of renewal or extension beyond theabove dates; and (ii) has been charged with violating a municipal ordinance orhas otherwise violated the terms of the rental agreement pertaining to legaloccupancy or excessive noise or other disturbance of the peace, the landlordshall not be required to send a notice of noncompliance to the tenant and mayimmediately file a complaint for eviction in a form substantially similar tothat provided in § 34-18-56(e) and seek the relief set forth in subsection(d).
§ 34-18-36 Eviction for noncompliance withrental agreement. – (a) Except as provided in this chapter, if there is a material noncompliance bythe tenant with the rental agreement or a noncompliance with § 34-18-24materially affecting health and safety, the landlord shall deliver a writtendemand notice to the tenant, in a form substantially similar to that providedin § 34-18-56(b), specifying:
(1) The acts and/or omissions constituting the breach of therental agreement or of § 34-18-24;
(2) The acts, repairs, or payment of damages, which arenecessary 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 aspecified date, which shall not be less than twenty-one (21) days after themailing 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 inthe notice, the rental agreement shall not terminate. If the breach is notremedied, the landlord may commence an eviction action, which shall be filed noearlier than the first day following the termination date specified in thewritten demand notice. The action shall be initiated by filing a "Complaint forEviction for Reason Other Than for Nonpayment of Rent" in the appropriate courtaccording 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 thedate of service in which to file his or her answer to the complaint, and thatif he or she fails to file his or her answer within that time, he or she willbe defaulted. The matter may be assigned for hearing in accordance with therules of procedure of the appropriate court.
(d) Except as provided in this chapter, the landlord mayrecover possession, actual damages and obtain injunctive relief fornoncompliance by the tenant with the rental agreement or § 34-18-24. Ifthe tenant's noncompliance is willful, the landlord may recover reasonableattorney's fees.
(e) If substantially the same act or omission whichconstituted a prior noncompliance, of which good faith notice was given, recurswithin six (6) months, the landlord may terminate the rental agreement upon atleast twenty (20) days' written notice, specifying the breach and the date oftermination of the rental agreement. No allowance of time to remedynoncompliance 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 pursuantto a written lease agreement which commences no earlier than May 1st of theoccupation year and expires no later than October 15th of the occupation year,or commences no earlier than September 1st and expires no later than June 1stof the next subsequent year, with no right of renewal or extension beyond theabove dates; and (ii) has been charged with violating a municipal ordinance orhas otherwise violated the terms of the rental agreement pertaining to legaloccupancy or excessive noise or other disturbance of the peace, the landlordshall not be required to send a notice of noncompliance to the tenant and mayimmediately file a complaint for eviction in a form substantially similar tothat provided in § 34-18-56(e) and seek the relief set forth in subsection(d).
