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A Rhode Island eviction notice is a legal document that a landlord uses to notify a tenant that they must vacate the rental property by a given date due to a violation of the terms of the lease or nonpayment of rent.
The purpose of an eviction notice in Rhode Island, just like in all states, is to provide the tenant with notice that legal action may be taken against them if they do not comply with the terms of the notice.
An eviction notice may be categorized as curable, which means that the tenant has violated a term of the lease agreement that can be remedied or uncurable, where the tenant has no opportunity to remediate the violation.
Types of Eviction Notice in Rhode Island
Eviction notices come in different types, depending on the reason for the notice and the lease duration.
Notice to Pay Rent or Quit
If the tenant is 15 days or more behind on rent, the landlord must send a written notice to the tenant stating the amount of rent that is due and notifying the tenant that they have five days to pay the rent in full or face eviction (§ 34-18-35).
Non-Compliance
When there is material noncompliance with the lease that affects health and safety, the landlord must deliver an eviction notice to the tenant, which will state that the tenant has 20 days to remedy the breach.
If the tenant fails to correct the error, the lease agreement will terminate at least 21 days after receiving the eviction notice (§ 34-18-36).
Illegal Activity
If the tenant engages in certain illegal activities on the leased property that are defined as criminal offenses by law, the landlord may terminate the lease agreement without providing the tenant with a notice period for eviction (§ 34-18-24(10)) (§ 34-18-36(f)).
Week-to-Week
If the lease agreement is of the weekly type and the landlord wishes to terminate it, they are required to provide the tenant with a notice period of at least ten days before the designated eviction date (§34-18-37(a)).
Month-to-Month
For any lease agreement that is concluded for a period longer than one month but shorter than one year, the landlord must provide the tenant with at least 30 days' notice before the date specified in the agreement (§34-18-37(b)).
Year-to-year
If the lease is concluded for a period longer than one year, the notice period that the landlord must provide to the tenant before the expiration of the lease is at least three months (§34-18-37(c)).
Eviction Laws and Requirements in Rhode Island
Presented below are the eviction laws and requirements in Rhode Island:
Laws & Requirements
Rent Grace Period. Late rent payments have a grace period of 15 days starting on the due date.
Notice to Pay Rent or Quit. If the tenant is 15 days or more behind on rent, the landlord must send a written notice giving them five days to pay rent in full or face eviction.
Non-Compliance. If the tenant breaches the lease and it affects health and safety, the landlord must give an eviction notice with a 20-day notice period to remedy the breach.
Illegal Activity. If the tenant engages in illegal activities on the property, the landlord can terminate the lease immediately without providing notice.
Week-to-Week. If the lease agreement is weekly, the landlord must give the tenant a 10-day notice period before the eviction date.
Month-to-Month. If the lease agreement is for more than one month but less than one year, the landlord must give at least 30 days' notice before the specified date.
Year-to-Year. If the lease is for more than one year, the landlord must give at least three months' notice before the lease expires.
When is Rent Late in Rhode Island?
In Rhode Island, tenants are expected to pay rent on the date designated in the rental agreement. If the agreement does not indicate a specific due date, then rent is considered late if it remains unpaid for more than 15 days after the start of the rental period, which is usually at the beginning of the month.
Grounds for Eviction in Rhode Island
The reasons for which a landlord can evict a tenant include:
Grounds for Eviction
Failure to pay rent or late payment
Material noncompliance with the rental agreement
Illegal activities or actions that threaten the health or safety of others
Refusal to allow the landlord access to the property for necessary repairs or maintenance
Expiration of the lease term and non-renewal of the lease by the landlord
Eviction Process in Rhode Island
The eviction process in Rhode Island generally involves the following steps:
#1. Write a Notice
The landlord must serve the tenant with a written eviction notice, providing the reason for the eviction and giving the tenant a deadline to either pay the overdue rent or move out. The notice must comply with the requirements of Rhode Island state law, including the length of the notice period and the specific information that must be included.
#2. File the Complaint and Serve the Tenant
If the tenant does not comply with the notice of eviction, the landlord can file an eviction complaint with the appropriate Rhode Island district court. A constable or sheriff must serve the tenant with the complaint and summons, which must specify the reason for the eviction
#3. Hearing and Court’s Judgment
After the tenant has been served with the eviction complaint, a court hearing will be scheduled. At the hearing, the landlord and tenant will present their respective cases, and the judge will make a decision regarding the eviction. If the landlord prevails, the judge will issue an order for the tenant to vacate the premises within a certain timeframe.
#4. Obtain a Writ of Execution
If the tenant still refuses to vacate the property after the judge's order, the landlord can obtain a writ of execution from the court. This writ will allow the sheriff to physically remove the tenant and their belongings from the premises.
#5. Follow-Up Action
After the tenant has been evicted, the landlord can take follow-up action to collect any unpaid rent or damages to the property. This may involve filing a civil lawsuit against the tenant or pursuing other legal remedies, as appropriate.
Other Eviction-Related Forms in Rhode Island
Beyond the eviction notice, parties engaged in the eviction process use various other forms, namely:
Other Eviction-Related Forms
Complaint for Eviction for Non-Payment of Rent. This legal document initiates legal processes to evict a tenant from a landlord's rental property for failure to pay rent.
Complaint for Eviction for Reason Other than Non-Payment of Rent. With this form, a landlord can start eviction proceedings against a tenant for reasons other than nonpayment of rent.
Notice of Termination of Tenancy. It is used to inform a tenant that their tenancy is being terminated, and they must vacate the rental property by a specific date.
Eviction Information for Landlords in Rhode Island
The first thing a landlord should remember is that before starting an eviction case, they must provide written notice to their tenants of their intention to terminate the tenancy. Without such notice, the landlord cannot file a lawsuit or enforce their rights.
To evict a tenant from a leased property, the landlord must get a court order requiring the tenant to remove the landlord's property. Additionally, landlords are prohibited from using self-help methods, such as changing locks or shutting off utilities, to force a tenant to vacate the property.
Eviction Information for Tenants in Rhode Island
Tenants are, first and foremost, legally protected from any illegal measures taken by landlords (self-help methods) intended to evict them from a leased property. This means that when a tenant receives an eviction notice, they will often have the opportunity to remedy the lease breach and stop the eviction.
Even if that doesn't happen, the tenant has the option to present their case and evidence in court to contest the landlord's claims. Only a court order is the legal basis for a tenant to vacate the property.
How to Write an Eviction Notice in Rhode Island
Rhode Island Eviction Notice Checklist
Rhode Island Eviction Notice FAQ
In Rhode Island, an eviction notice can be filed when a tenant violates certain provisions of their lease agreement. Additionally, a landlord may seek to terminate a short-term tenancy, such as a week-to-week or month-to-month lease.
You need an eviction notice in Rhode Island in order to initiate a legal process of eviction and lawfully remove a tenant from a rented property. This notice serves as a formal notification to the tenant that their tenancy is being terminated and that they must vacate the property by a specific date.
The length of time it takes to evict someone in Rhode Island depends on the reason for the eviction and whether the tenant contests the eviction in court. This can prolong the process for several months.
No, a 3-day eviction notice is not legal in Rhode Island. The timeframe for an eviction notice varies depending on the reason for the notice, ranging from 5 days to 3 months, with the exception of illegal activities, for which an eviction notice is not required.