State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-18 > 34-18-38SECTION 34-18-38
§ 34-18-38 Eviction for unlawfully holdingover after termination or expiration of tenancy. – (a) If the tenant remains in possession without the landlord's consent afterexpiration of the term of the rental agreement or after the termination of aperiodic tenancy, the landlord may commence an eviction action, which may befiled no earlier than the first day following the expiration or termination ofthe tenancy. The action shall be commenced by filing a "Complaint for Evictionfor Reason Other Than for Nonpayment of Rent," which shall be filed in theappropriate 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 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.
(c) If the tenant's holdover is willful and not in goodfaith, the landlord may also recover, in addition to possession, an amount notmore than three (3) months' periodic rent or threefold the actual damagessustained 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 adefinite term. If no term is specified, the term shall be week-to-week if thetenant pays on a week-to-week basis, and in all other cases, month-to-month.
