Title 34
Property
Chapter 18
Residential Landlord and Tenant Act
R.I. Gen. Laws § 34-18-38
§ 34-18-38. Eviction for unlawfully holding over after termination or expiration of tenancy.
(a) If the tenant remains in possession without the landlord’s consent after expiration
of the term of the rental agreement or after the termination of a periodic tenancy,
the landlord may commence an eviction action, which may be filed no earlier than the
first day following the expiration or termination of the tenancy. The action shall
be commenced by filing a “Complaint for Eviction for Reason Other Than for Nonpayment
of Rent,” which shall be filed in the appropriate 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 the date of service in
which to file their answer to the complaint, and that if the tenant fails to file
their answer within that time, the tenant will be defaulted. The matter may be assigned
for hearing in accordance with the rules of procedure of the appropriate court.
(c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover,
in addition to possession, an amount not more than three (3) months’ periodic rent
or threefold the actual damages sustained by the landlord, whichever is greater, and
reasonable attorney’s fees. If the landlord consents to the tenant’s occupancy, the
parties may agree to a definite term. If no term is specified, the term shall be week-to-week
if the tenant pays on a week-to-week basis, and in all other cases, month-to-month.