A Rhode Island eviction notice is an official communication informing a tenant of a lease agreement violation. This notification outlines the reason for the notice and specifies the timeframe the landlord is providing for the tenant to rectify the issue. Failure by the tenant to address the situation appropriately may prompt the landlord to pursue eviction proceedings by submitting a filing to the District Court.
By Type
5-Day Notice to Pay Rent or Quit
Landlords must give tenants five (5) days’ notice to pay rent after rent is late for more than fifteen (15) days before they begin eviction proceedings.
20-Day Notice to Quit for Non-Compliance
Give tenants 20 days’ notice to quit if they don't comply with the lease.
30-Day Notice Lease Termination
Let a tenant know that you’re ending a month-to-month lease agreement.
Eviction Laws & Requirements
- Eviction Lawsuit (Forcible Entry and Detainer): Title 34, Chapter 19 of the Rhode Island General Laws.
- Grace Period for Rental Payment: There is a 15-day grace period for late rental payments. The landlord may serve the tenant with a 5-day notice to pay rent or quit after the 15-day grace period passes (RI Gen. Laws § 34-18-35).
- Late or Non-Payment of Rent Notice: The 5-day demand notice for payment of rent needs to state that the tenant’s overdue rent is now more than 15 days past due. The tenant still has five days to pay the rent in full, plus any fees the written lease stipulates (RI Gen. Laws § 34-18-35).
- Notice of Non-Compliance with Lease: The landlord must give the tenant a 20-day notice to quit for non-compliance with the terms of the lease agreement (RI Gen. Laws § 34-18-36).
- Lease Termination (Month-to-Month): 30 days (RI Gen. Laws § 34-18-37).
How to Evict a Tenant in Rhode Island
Step 1 – Send an Eviction Notice
In the case of non-payment of rent, a 15-day grace period must pass before the landlord can send a notice. No grace period is necessary in cases where tenants don’t comply with lease terms.
Please note that before proceeding with a formal court eviction, the landlord must issue proper notice. Landlords may deliver notice via first-class mail, registered or certified mail, personal service, or process server.
Step 2 – File a Summons and Complaint
After the applicable notice period, the landlord files a complaint with the local District Court Clerk’s office. The summons include the district court location, date, and time.
Step 3 – Serve the Tenant
The court has the complaint served on the tenant with a summons to appear. The summons will detail the time, date, and location at which the tenant must respond. The tenant should receive the summons at least five days prior to a court hearing.
Step 4 – Let the Tenant Respond
The tenant must file an answer to the summons and complaint. If the tenant fails to provide a written response, the court will likely enter a default judgment in favor of the landlord.
If the tenant paid or attempted to pay the rent in full, the eviction cannot proceed. In cases where the eviction is brought about due to a breach in the lease, the tenant cannot be evicted if they’ve remedied the issue within 20 days.
Step 5 – Attend the Court Hearing and Receive Judgment
If the landlord receives a court order for eviction, the tenant has five days to appeal or vacate the premises.
After the tenant files the appeal, the district court will send the case to the superior court. The superior court will schedule a new court date.
Step 6 – Obtain Writ of Execution
A writ of execution gives the tenant a specific date to remove their belongings and leave the property. The writ is also given to the Sheriff’s Department, which will forcibly remove the tenant if necessary.
