20 Day Notice to Remedy Breach or Lease Terminates for Residential Property
Title 34, Chap. 34-18, § 34-18-36 - Eviction for noncompliance
with rental agreement.
(a) Except as provided in this chapter, if there is a material noncompliance
by the tenant with the rental agreement or a noncompliance with §
34-18-24 materially affecting health and safety, the landlord shall deliver
a written demand notice to the tenant, in a form substantially similar
to that provided in § 34-18-56(b), specifying:
(2) The acts, repairs, or payment of damages, which are necessary
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 a specified
date, which shall not be less than twenty-one (21) days after the mailing
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 in
the notice, the rental agreement shall not terminate. If the breach is
not remedied, the landlord may commence an eviction action, which shall
be filed no earlier than the first day following the termination date specified
in the written demand notice. The action shall be initiated by filing a
"Complaint for Eviction for Reason Other Than for Nonpayment of Rent" in
the appropriate court according 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 the date of
service in which to file his or her answer to the complaint, and that if
he or she fails to file his or her answer within that time, he or she will
be defaulted. The matter may be assigned for hearing in accordance with
the rules of procedure of the appropriate court.
(d) Except as provided in this chapter, the landlord may recover
possession, actual damages and obtain injunctive relief for noncompliance
by the tenant with the rental agreement or § 34-18-24. If the tenant's
noncompliance is willful, the landlord may recover reasonable attorney's
fees.
(e) If substantially the same act or omission which constituted
a prior noncompliance, of which good faith notice was given, recurs within
six (6) months, the landlord may terminate the rental agreement upon at
least twenty (20) days' written notice, specifying the breach and the date
of termination of the rental agreement. No allowance of time to remedy
noncompliance 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 pursuant
to a written lease agreement which commences no earlier than May 1st of
the occupation year and expires no later than October 15th of the occupation
year, with no right of renewal or extension beyond the above dates; and
(ii) has been charged with violating a municipal ordinance pertaining
to legal occupancy or excessive noise or other disturbance of the peace,
the landlord shall not be required to send a notice of noncompliance to
the tenant and may immediately file a complaint for eviction in a form
substantially similar to that provided in § 34-18-56(e) and seek the
relief set forth in subsection (d).