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Rhode Island Eviction Notice

A Rhode Island eviction notice is a formal communication from a landlord to a tenant, indicating that the tenant has violated the terms of their lease agreement. This notice outlines the specific reason for the eviction and the timeframe within which the tenant must rectify the issue or vacate the premises. If the tenant fails to comply, the landlord may initiate eviction proceedings in the District Court.

Rhode Island Eviction Notice

Rhode Island Eviction Notice

Types of Rhode Island Eviction Notices

  1. 5-Day Notice to Quit (Non-Payment)

    • Grounds: Non-payment of rent.
    • Details: Issued when rent is overdue by more than 15 days. The tenant has 5 days to pay the overdue rent or vacate the property.
    • Legal Reference: R.I.G.L. § 34-18-35.

  2. 20-Day Notice to Comply or Vacate (Non-Compliance)

    • Grounds: Violation of lease terms that can be corrected.
    • Details: The tenant is given 20 days to correct the lease violation or vacate the premises.
    • Legal Reference: R.I.G.L. § 34-18-36.

  3. 20-Day Notice to Vacate (Repeat Lease Violation)

    • Grounds: Repeat lease violations within a 6-month period.
    • Details: The tenant must vacate within 20 days without an opportunity to correct the violation.
    • Legal Reference: R.I.G.L. § 34-18-36.

  4. 30-Day Notice to Vacate (Month-to-Month Tenancy)

    • Grounds: Termination of a month-to-month lease or periodic tenancy.
    • Details: The tenant must vacate within 30 days.
    • Legal Reference: R.I.G.L. § 34-18-37.

  5. 24-Hour Notice to Quit (Illegal Activity)

    • Grounds: Engagement in illegal activities.
    • Details: The tenant must vacate immediately due to illegal activities that pose an immediate threat.
    • Legal Reference: R.I.G.L. § 34-18-24 & 34-18-36(f).

Landlords must ensure that eviction notices are delivered properly. Acceptable methods of delivery include:

  • Hand delivery to the tenant.
  • First-class mail to the tenant’s address of record or last known residence.

It is essential for landlords to keep a copy of the notice served and have evidence of delivery, such as an Affidavit of Service.

Eviction Process Steps

  1. Provide Notice to Tenant: The landlord must issue the appropriate eviction notice based on the grounds for eviction.

  2. File a Complaint with Local Court: After the notice period has expired, the landlord can file a complaint with the local District Court. Different types of complaints are used depending on the reason for eviction, with an $80 filing fee applicable.

  3. Serve Tenant with Complaint: The tenant must be served with the complaint, granting them the right to respond.

  4. Attend Hearing: The landlord must attend the court hearing to demonstrate that the notice was served properly and that the tenant remains in breach of the lease.

  5. Receive Court Judgment: If the court rules in favor of the landlord, a Judgment for Possession is issued, allowing the tenant five days to vacate or appeal.

  6. Obtain Execution for Eviction: If the tenant does not vacate or appeal within five days, the landlord can obtain an execution for eviction, allowing law enforcement to remove the tenant.

Important Considerations

  • Grace Period: There is a 15-day grace period for late rental payments before a 5-day notice can be issued.

  • Next Judicial Day: If the last day of a notice period falls on a weekend or holiday, the notice period continues until the next judicial day.

  • No Self-Help Evictions: Landlords cannot forcibly evict tenants without following the legal process, including changing locks or removing belongings.

Statutes

FAQs

In Rhode Island, there are several types of eviction notices, including the 5-Day Notice to Quit for non-payment of rent, the 20-Day Notice to Comply or Vacate for lease violations, the 20-Day Notice to Vacate for repeat lease violations, and the 30-Day Notice to Vacate for terminating month-to-month leases. Each notice has specific requirements and timeframes for compliance.

A tenant has five days to either pay the overdue rent or vacate the property after receiving a 5-Day Notice to Quit for non-payment of rent. If the tenant does not comply within this timeframe, the landlord may proceed with eviction proceedings.

A Rhode Island eviction notice should include the tenant’s full name and address, the specific lease violation or overdue balance, the date of termination, and the landlord’s printed name and signature. It is also important to note the date and method of delivery of the notice.

If a tenant does not correct the lease violation within the 20-day period specified in a 20-Day Notice to Comply or Vacate, the landlord can proceed with eviction actions in court. This notice allows the tenant an opportunity to remedy the violation before facing eviction.

Yes, a landlord can issue a 24-Hour Notice to Quit for illegal activity that poses an immediate threat. This type of eviction notice does not provide the tenant with an opportunity to cure the violation and requires them to vacate the property immediately.

The eviction process in Rhode Island involves several steps: first, the landlord must provide the appropriate eviction notice; next, if the tenant does not comply, the landlord can file a complaint with the local District Court. After serving the tenant with the complaint, a court hearing will be scheduled where both parties can present their case.

A Rhode Island eviction notice can be served by hand delivery to the tenant or mailed via first-class mail to the tenant’s address. The notice is considered complete upon receipt, and if mailed, it extends the notice period by one calendar day, except for the 5-Day Notice to Quit for unpaid rent.

Legal grounds for eviction in Rhode Island include non-payment of rent, lease violations, illegal activities, and the termination of month-to-month tenancies. Each reason requires a specific type of notice and corresponding notice period as outlined in Rhode Island General Laws.

If a tenant does not vacate after the notice period, the landlord can file an eviction lawsuit in the local District Court. The court will then schedule a hearing, and if the landlord prevails, a judgment for possession will be issued, allowing the landlord to proceed with eviction.