Rhode Island Eviction Process

Last Updated: September 19, 2022 by Elizabeth Souza

Steps of the eviction process in Rhode Island:

1. Landlord serves tenant written notice.
2. Landlord files complaint with court.
3. Answer is filed.
4. Court holds hearing and issues judgment.
5. Writ of execution is issued.
6. Possession of property is returned to landlord.

Evicting a tenant in Rhode Island can take around one to four months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.

Grounds for an Eviction in Rhode Island

In Rhode Island, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.

Eviction for Nonpayment of Rent

In Rhode Island, a landlord can evict a tenant for not paying rent on time. Once rent is 15 days
[1]
past due, the landlord can provide tenants with a 5 days’
[1]
notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Rhode Island on the 15th day after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the fifteenth of the month (if not paid in full).

Once rent is 15 days late, the landlord can begin the eviction process by serving the tenant with proper notice.

Eviction for No Lease or End of Lease

In Rhode Island, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
[2]

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease or Responsibilities

In Rhode Island, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities. To do so, the landlord must give 20 days’
[3]
notice to fix the issue or move out. For all lease violations, a tenant has the opportunity to correct the issue to avoid eviction. 

Tenant responsibilities include:

• Complying with all building and housing codes materially affecting health and safety.
• Disposing ashes, garbage, rubbish and other waste in a clean and safe manner.
• Keeping all parts of the premises clean and safe.
• Keeping all plumbing fixtures clean.
• Using all appliances and facilities (including elevators) in a reasonable manner.
• Not deliberately or negligently destroying, defacing, damaging, impairing or removing any part of the premises.
• Not deliberately disturbing other tenants or neighbors’ peaceful enjoyment of the premises.

Examples of lease violations:

• Having an unauthorized pet, guest or vehicle.
• Parking in an unauthorized area.
• Not maintaining a certain level of cleanliness.
• Letting trash pile up.
• Providing a harbor for rodents or bugs.

Eviction for Illegal Activity

In Rhode Island, a landlord can evict a tenant for committing an illegal activity. Landlords are not required
[5]
to give tenants who are involved in illegal activity prior notice before filing an eviction action with the court. A tenant does not have the opportunity to correct the issue to avoid eviction.

Illegal activity includes:
[6]

• Having narcotics at the rental property.
• Manufacturing, selling or delivering a controlled substance.
• Possessing a controlled substance with intent to manufacture, sell or deliver.
• Committing an act of murder, manslaughter, arson, mayhem, rape, sexual assault or kidnapping.
• Assaulting a person with a dangerous weapon or committing an act of battery causing “grave” bodily injury.
• Committing a felony assault with intent to commit another crime, or any other violent crime. 

If a tenant commits an illegal activity, the landlord may immediately
[5]
proceed with an eviction action.

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in Rhode Island by serving the tenant with written notice. The notice must be delivered by one of the following methods:

• Giving it to the tenant in person; or
• Mailing the notice to the tenant via first class mail.

It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.

5-Day Notice to Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in Rhode Island, the landlord can serve them a 5-Day Notice to Pay or Quit. This notice gives the tenant 5 calendar days to pay the entire remaining balance or vacate the premises.

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in Rhode Island, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.

For tenants that don’t pay monthly, the amount of notice differs:

20-Day Notice to Cure or Vacate

In Rhode Island, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 20-Day Notice to Cure or Vacate. This eviction notice gives the tenant 20 calendar days to fix the issue or move out.

Immediate Notice to Quit

In Rhode Island, a landlord can evict a tenant for committing illegal activity. No prior notice is necessary, and the landlord may immediately proceed with filing an eviction lawsuit with the appropriate court. The landlord does not need to give the tenant an option to fix the issue and the tenant must move out.

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, Rhode Island landlords must file a complaint in district court or the appropriate housing court. In the state of Rhode Island, this costs $80 in filing fees.

The reason for the eviction determines when and how the summons and complaint must be served on the tenant.

For nonpayment of rent evictions, the summons and complaint must be served at least five days
[10]
prior to the eviction hearing through one of the following methods:
[10]

1. Giving a copy to the tenant in person;
2. Leaving a copy with someone of “suitable” age at the rental unit;
3. Posting a copy in a conspicuous place on the rental unit (only if tenant or a “suitable” person cannot be found); or
4. Mailing
   [11]
   a copy to the tenant via first class mail.

Mailing a copy must be done in addition to at least one other service method and can be done by the landlord or landlord’s attorney.

For all other evictions, the summons and complaint must be served by anyone authorized by law or appointed by the court
[12]
to serve a summons prior to the hearing, through one of the following methods:
[13]

1. Giving a copy to the tenant in person.
2. Leaving a copy with someone of “suitable” age at the rental unit.

Rhode Island state law doesn’t specify how quickly the summons and complaint must be served on the tenant for the other eviction types.

Step 3: Answer is Filed

Tenants in Rhode Island must file a written answer in order to attend the eviction hearing.

The reason for the eviction determines when the answer must be filed. For nonpayment of rent evictions, the answer can be filed with the court any time prior to or at
[14]
the hearing, which would give tenants about nine days to file their answer.

For evictions due to a lease violation, the answer must be filed within 20 days
[15]
of the date the complaint was served on the tenant.

Tenants being evicted for holding over, or staying in the rental unit after their rental agreement or term has expired, must also file their answer within 20 days
[16]
of the date they received the complaint.

Regardless of the reason for the eviction, if tenants fail to file their written answer with the court, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

Step 4: Court Holds Hearing & Issues Judgment

For nonpayment of rent evictions, the hearing must be held on the ninth day
[11]
after the complaint was filed with the court.

Rhode Island state law doesn’t specify how quickly eviction hearings for reasons other than nonpayment of rent must be held after the complaint is filed with the court, and it will depend on each court location’s trial schedule.

Regardless of the reason for the eviction, if the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of execution will be issued and the eviction process will continue.

Tenants may appeal within five days
[17]
of the date the judgment was entered in favor of the landlord.

Step 5: Writ of Execution is Issued

The writ of execution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff or certified constable returns to the property to forcibly remove the tenant.

If the court has ruled in the landlord’s favor, the writ of execution will be issued six days
[18]
after the judgment is issued in favor of the landlord.

The writ shall be given to the landlord by the court, and it is the landlord’s responsibility to give the writ to the sheriff to execute the writ.

Step 6: Possession of Property is Returned

Rhode Island state law doesn’t specify how quickly law enforcement officials must act on the writ of execution once it is received from the court. Tenants should be prepared to move out immediately, just in case.

Rhode Island Eviction Process Timeline

In Rhode Island, an eviction can be completed in 1 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Rhode Island eviction process outside the control of landlords for cases that go uncontested.

Flowchart of Rhode Island Eviction Process

For additional questions about the eviction process in Rhode Island, please refer to the official legislation, Rhode Island General Laws §§34-18-1 to 34-18-56, §9-12-10.1, and the Rhode Island District Court Rules of Civil Procedure, Rule 4, for more information.