Rhode Island Eviction Process

How to Evict a Tenant in Rhode Island

Step 1 – Send the Initial Notice

In Rhode Island, you must send an eviction notice of the violation or problem before evicting a tenant. In the case of nonpayment of rent, the landlord begins by giving the tenant a 15-day grace period to catch up on rent payments. The landlord can send other notices, including the 20-day notice to comply, as soon as they notice the violation or problem.

When you send the initial eviction notice, ensure that you send it in a way you can document. This way, the courts will have proof that you took all necessary steps to notify the tenant of the pending eviction. Choose one of the following delivery methods to ensure receipt by the tenant:

• Registered or certified mail
• First-class mail
• Personal service
• Process server

Allow the tenant time to respond. Some tenants will choose to move out during the notice period rather than remedying any complaints.

Step 2 – File a Summons and Complaint

Once the notice period expires, the landlord needs to file a complaint with the District Court Clerk’s Office in the county where the rental property lies.

The state courts provide several complaint forms, including a Complaint for Eviction for Nonpayment of Rent and a Complaint for Eviction for Reason Other Than Nonpayment of Rent. These forms are present in RI Gen. Laws § 34-18-56(e) and § 34-18-56(e).

Step 3 – Serve the Tenant

The District Court will then issue the tenant a summons to appear, explaining the location, date, and time at which the tenant must respond to the complaint.

Step 4 – Let the Tenant Respond

The tenant is given time to answer the summons and complaint. This period may grant the tenant time to rectify a problem, including any failure to abide by the terms of the lease or nonpayment of rent.

If the tenant doesn’t respond, the court will typically issue a default decision in favor of the landlord. On the other hand, if the tenant addresses the problem, including paying rent or correcting their behavior, the eviction may not proceed.

Step 5 – Receive Judgment

The court will issue a judgment in the case. Once the landlord receives a court order for eviction, the tenant has five days to either file an appeal or vacate the premises. If the tenant files an appeal, the case will move to the state Superior Court, which will provide a new court date. The landlord must then wait for the Superior Court date to proceed with the eviction.

Step 6 – Obtain a Writ of Execution

A writ of execution gives a specific date by which a tenant must vacate a property, including removing their belongings. The Sheriff’s Department receives a copy of the writ, which they can use to forcibly remove a tenant if necessary. The landlord shouldn’t take any steps to remove the tenant from the property themselves, including changing the locks or removing the tenant’s property.

Eviction Reasons

Rhode Island law lets landlords evict tenants for various reasons. However, none of these reasons can be discriminatory, meaning you can’t evict a tenant due to their race, religion, gender, marital status, sexual orientation, disability, or another protected class.

RI Gen. Laws § 34-18-38.2 notes that, even in cases of foreclosed residential properties, the landlord or owner must have just cause to evict a tenant.

“At Fault” Evictions

At fault evictions occur when the tenant does something that causes the landlord to evict them, including failing to pay rent or violating the terms of the lease. RI Gen. Laws § 34-18-56 provides the notices and complaint forms for at fault evictions.

1. Notice for Nonpayment of Rent

Overview:

• Use it when the tenant has missed their rent payment.
• It instructs the tenant to pay overdue rent within five days or vacate the premises.
• The five-day notice period includes weekends and bank holidays.
• The landlord can only send it out when the tenant is at least 15 days behind on rent (per RI Gen. Laws § 34-18-35).

2. Notice for Noncompliance with the Rental Agreement

Overview:

• Use it when the tenant has failed to materially comply with the rental agreement.
• It instructs the tenant to remedy the problem within 20 days (per RI Gen. Laws § 34-18-36) or leave the property.
• Depending on the violation, the tenant may be able to remedy the problem by paying damages, making repairs, or making the proper acts/omissions to correct the issue.
• The lease agreement won’t terminate if the tenant complies (however, if the tenant violates RI Gen. Laws § 34-18-24(8),(9) or (10), it will terminate).

3. Notice for Illegal Activity

Overview:

• Use it when the tenant has committed an illegal act on the property.
• It doesn’t require the landlord to give any notice before moving forward with eviction proceedings (per RI Gen. Laws § 34-18-36(f)).
• Activity relating to narcotics nuisances, the manufacture, sale, or delivery of controlled substances, crimes of violence, violations of a municipal ordinance, or otherwise disturbing the peace are examples of illegal activity by the tenant that would result in immediate notice to quit.

4. Notice for Repeated Lease Violations

Overview:

• Use it when the tenant engages in the same lease violation more than once within a six-month period.
• It provides a 20-day unconditional notice to quit that requires the tenant to leave within 20 days.
• The landlord won’t be required to allow the tenant to rectify the violation (RI Gen. Laws § 34-18-36(e)).

No-Fault Evictions

No-fault evictions occur when a landlord decides to sever the agreement with a tenant through no fault of the tenant. In many cases, the landlord conducts a no fault eviction because they plan to utilize the property for another purpose.

Most of the time, a landlord wanting to evict a tenant must wait until the lease term has expired. However, there are circumstances under which a landlord can terminate the rental agreement with a tenant early. RI Gen. Laws § 34-18-56(c) provides the format for a Notice of Termination of Tenancy.

1. Notice to Quit Following the Expiration of a Lease

Overview:

• Use it when the landlord wants the tenant to leave the property following the expiration of a lease.
• The timeline depends on the type of lease (RI Gen. Laws § 34-18-37):
  • Fixed-term leases can end on their designated date without notice.
  • Week-to-week tenancies require a 10-day notice.
  • Month-to-month tenancies require a 30-day notice.
  • Year-to-year tenancies require a three-month notice.

2. Notice to Quit Due to Property Foreclosure

Overview:

• Use it when a foreclosing owner needs to evict a tenant from a foreclosed property (often due to unsafe living conditions).
• It provides 30 days’ notice for the tenant to leave the property.
• The foreclosing owner can’t use this notice except for cases of just cause (per RI Gen. Laws § 34-18-32).

Eviction Timeline

Tenant Rights in Rhode Island

Tenants have essential rights in Rhode Island, including the right to live in a property that meets the minimum housing laws outlined in RI Gen. Laws § 34-18-22.2.

Self-Help Evictions

A self-help eviction occurs when a landlord tries to evict a tenant without going through the proper legal channels. This kind of eviction is illegal, per RI Gen. Laws § 34-18-44. It can include changing the locks or otherwise blocking tenant access, shutting off utilities, and intimidating the tenant into leaving.

RI Gen. Laws § 34-18-34 notes that a tenant can recover remedies if the landlord illegally removes them from the premises or willfully reduces services to the tenant, including water, gas, electric, or other essential services. The tenant may have the right to recover up to three months of rent or three times the damages sustained by the tenant due to the landlord’s illegal actions.

Abandoned Property

According to the Rhode Island Landlord-Tenant Handbook, if a tenant abandons their property, the landlord must carefully store those possessions for a “reasonable” amount of time. The landlord must also make a good-faith effort to return them to the tenant, including attempting to contact the former tenant. Landlords should keep copies of any correspondence about the abandoned property.

Resources

• Rhode Island Commission for Human Rights: Provides information about housing discrimination.
• Rhode Island Housing: Offers resources for landlords and tenants.
• Rhode Island Legal Services: Provides brief service or direct representation for various housing-related cases.
• Office of Housing and Community Development in Rhode Island: Offers general housing assistance.