The bill amends Section 34-18-38 of the General Laws in Chapter 34-18, known as the "Residential Landlord and Tenant Act," to address eviction procedures for tenants who unlawfully hold over after the termination or expiration of their tenancy. It outlines the process for landlords to commence eviction actions and the potential recovery of damages and attorney's fees if the tenant's holdover is willful and not in good faith. The bill also specifies the terms of tenancy if the landlord consents to the tenant's continued occupancy.

Significantly, the bill introduces a new subsection (d) that provides for a "post-death rental grace period," allowing a deceased tenant's live-in caregiver or any other adult residing in the dwelling unit to continue the rental agreement for up to three months or the remaining term of the rental agreement, whichever is shorter. This grace period temporary tenant must pay the agreed rent and assume all other obligations of the tenant. The bill sets out the evidence required to prove residency in the unit, the rights of the landlord to contest and deduct damages from the security deposit, and the joint and several liability of multiple residents who elect to become grace period temporary tenants. The act would take effect upon passage, allowing residents to extend the rental agreement for three months after the death of the lessee.

Statutes affected:
2407  SUB A: 34-18-38
2407: 34-18-38