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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 34-18-35

Citation
Section 34-18-35
Parent Document
Catelli v. Fleetwood, 842 A.2d 1078 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-03-11

Full Text

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Section 34-18-35 specifies the procedure for notifying tenants that they are in arrears in their rental payments. In accordance therewith, Hayden notified defendants of the amount they owed in his letter on August 28, 2002, to defendants. Shortly thereafter, Catelli filed a “Complaint for Eviction for Non-Payment of Rent” as provided in § 34-18-56(d) on a form supplied by the District Court clerk’s office. The record indicates that both defendants were personally served with a copy of the complaint, original summons, and blank answer form in substantial conformance with § 34-18-56(g). The summons specified that “[i]f you claim a defense, you must complete the enclosed answer and file it with the clerk of court prior to or at the time of hearing.” The summons further admonishes the tenants that “[i]f you fail to answer or appear at .the hearing, you will be defaulted and judgment for possession * * * and back rent may enter against you.”