Evicting a tenant in Rhode Island can take around 1 to 4 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
- Illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 5 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 20 Days | Maybe |
| Illegal Activity | None | No |
Nonpayment of Rent
In Rhode Island, a landlord can evict a tenant for not paying rent on time. Once rent is 15 days past due, the landlord can provide tenants with a 5 days’ 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 month and is considered late in Pennsylvania on the 15th day after the due date. Once rent is 15 days late, the landlord can begin the eviction process by serving the tenant with proper notice.
If rent is due on April 1st, it will be considered late starting on April 16th, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Rhode Island, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30 days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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’ notice to fix the issue or move out.
For all lease violations, a tenant has the opportunity to correct the issue to avoid eviction.
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
Illegal Activity
In Rhode Island, a landlord can evict a tenant for committing an illegal activity. Landlords are not required 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:
- 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 proceed with an eviction action.
Illegal Evictions in Rhode Island
In Rhode Island, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant 3 months periodic rent or three times the actual damages sustained, whichever is greater, plus reasonable attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Diminishing essential services
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- The tenant has complained to the landlord or a governmental agency regarding a building or housing code violation that materially affects health and safety
- The tenant has organized or became a member of a tenants’ union or similar organization
- The tenant has availed himself or herself of any other lawful rights and remedies
In Rhode Island, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved issues
- Answer is filed
- Court holds hearing and issues judgment
- Writ of execution is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Rhode Island by serving the tenant with written notice. Rhode Island landlords may deliver an eviction notice by any method which adequately informs the tenant. The law recognizes these methods as having a presumption of legal validity:
- Hand delivery to the tenant
- Mailed delivery via first class mail, to the tenant’s address of record or last known residence
By default, notice is considered complete when it is received. Except with a 5 Day Notice To Quit for unpaid rent only, mailed notice extends the notice period by one (1) calendar day, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
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 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 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Year-to-Year | 90 Days |
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 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 5 days prior to the eviction hearing through one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone of “suitable” age at the rental unit
- Posting a copy in a conspicuous place on the rental unit (only if tenant or a “suitable” person cannot be found)
- Mailing a copy to the tenant via first class mail
For all other evictions, the summons and complaint must be served by anyone authorized by law or appointed by the court to serve a summons prior to the hearing, through one of the following methods:
- Giving a copy to the tenant in person
- 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 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 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 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 and Issues Judgment
For nonpayment of rent evictions, the hearing must be held on the ninth day 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 5 days 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 6 days 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.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-90 Calendar Days |
| Court Issuing/Serving Summons | 5 Business Days |
| Tenant Response Period | 9-20 Calendar Days |
| Court Ruling | ~9 Business Days |
| Court Serving Writ of Execution | 6 Business Days |
| Final Notice Period | 1-3 Calendar Days |
Flowchart of Rhode Island Eviction Process
Rhode Island Eviction Court Fees
The cost of an eviction in Rhode Island for all filing, court, and service fees can vary heavily based on service fees. Eviction cases shall be filed in District Court and the average cost is $235. The case can also be filed in the appropriate Housing Court.
| Fee | District |
| Initial Court Filing | $80+ |
| Summons Service | ~$45 |
| Writ of Execution Issuance | $20 |
| Writ of Execution Service | $45 |
| Writ of Execution Enforcement | $45 |
| Notice of Appeal Filing (Optional) | $150 |
Sources
- 1 RI Gen L §34-18-35 (2020)
-
(a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord shall send a written notice… notifying the tenant that unless he or she cures the breach within five (5) days of the date of mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an eviction action in the appropriate district court or housing court.
- 2 RI Gen L §34-18-37 (2020)
-
(a) …a week-to-week tenancy…at least ten (10) days before the termination date specified in the notice. (b) …a month-to-month tenancy or any periodic tenancy for more than a month or less than a year…at least thirty (30) days before the date specified in the notice. (c) …a year-to-year tenancy…at least three (3) months prior to the expiration of the occupation year.
- 3 RI Gen L §34-18-36 (2020)
-
(a) …if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with §34-18-24 materially affecting health and safety, the landlord shall deliver a written demand notice… (3) That unless the breach is remedied within twenty (20) days …the rental agreement shall terminate…
- 4 RI Gen L §34-18-38.2 (2020)
-
(c) A foreclosing owner shall not evict a tenant except for actions that constitute just cause, and: (1) A foreclosing owner shall not evict a tenant for the following actions that constitute just cause until thirty (30) days after the notice required by subsection (b) of this section is posted, mailed, and delivered…
- 5 RI Gen L §34-18-36 (2020)
-
(f) If the tenant has violated § 34-18-24(8), (9), or (10)…the landlord shall not be required to send a notice of noncompliance to the tenant and may immediately file a complaint for eviction in a form substantially similar to that provided in § 34-18-56(e) and seek the relief set forth in subsection (d).
- 6 RI Gen L §34-18-24 (2020)
-
(8) …the maintaining of a narcotics nuisance… (9) …the manufacture, sale, or delivery of a controlled substance or…possessing…with the intent to manufacture, sell, or deliver a controlled substance…(10) …any crime of violence…murder, manslaughter, arson, rape, sexual assault, mayhem, kidnapping, assault with a dangerous weapon, assault or battery involving grave bodily injury, and a felony assault with intent to commit any offense.
- 7 RI Gen L § 34-18-34 (2021)
-
If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees. If the rental agreement is terminated the landlord shall return all security recoverable under § 34-18-19 and all prepaid rent.
- 8 RI Gen L § 34-18-44 (2021)
-
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.
- 9 RI Gen L § 34-18-46 (2021)
-
(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because:
(1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or
(2) The tenant has complained to the landlord of a violation under § 34-18-22; or
(3) The tenant has organized or become a member of a tenants’ union or similar organization; or
(4) The tenant has availed himself or herself of any other lawful rights and remedies.
(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in § 34-18-34 and has a defense in any retaliatory action against him or her for possession.
- 10 RI Gen L §34-18-10 (2020)
-
(a)(1)(i) Handing them to the defendant; or (ii) Serving them at the defendant’s dwelling unit to a person of suitable age and discretion then residing therein; or (iii) If none be found, by posting them conspicuously on the door to defendant’s dwelling unit…The proof of service shall show…that the defendant was served no less than five (5) days before the hearing.
- 11 RI Gen L §34-18-10 (2020)
-
(a)(1) In actions for nonpayment of rent…the date of hearing…shall be the ninth (9th) day after filing of the complaint…On the same day that the complaint is filed, the plaintiff’s attorney or, if pro se, the plaintiff…shall mail a copy of the summons and complaint and a blank answer form…by first class mail…
- 12 RI District Ct Rules of Civil Procedure, Rule 4 (2020)
-
(c)(1) …service of all process shall be made by a duly authorized officer…by any other person authorized by law, or by some person specially appointed by the court for that purpose…
- 13 RI District Ct Rules of Civil Procedure, Rule 4 (2020)
-
(d)(1) …by delivering a copy…to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy…to an agent authorized by appointment or by law to receive service of process…
- 14 RI Gen L §34-18-35 (2020)
-
(c) …The summons shall specify that the defendant may file and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or appear at the hearing, he or she shall be defaulted.
- 15 RI Gen L §34-18-36 (2020)
-
(c) The summons…shall specify that the tenant has twenty (20) days from the date of service in which to file his or her answer to the complaint, and that if he or she fails to file his or her answer within that time, he or she will be defaulted…
- 16 RI Gen L §34-18-38 (2020)
-
(b) The summons…shall specify that the tenant has twenty (20) days from the date of service in which to file his or her answer to the complaint, and that if he or she fails to file his or her answer within that time, he or she will be defaulted…
- 17 RI Gen L §9-12-10.1 (2020)
-
…an appeal from the judgment of the district or other appropriate court, in writing, filed with the clerk of the division within five (5) days after the judgment is entered…
- 18 RI Gen L §34-18-48 (2020)
-
If no appeal is claimed, and if the judgment has not been satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be issued to the division of sheriffs or certified constable…
- 19 R.I. Gen. Laws § 34-18-14
-
(a) (1) A person has notice of a fact if:
(i) He or she has actual knowledge of it;
(ii) He or she has received a notice or notification of it; or
(iii) From all the facts and circumstances known to him or her at the time in question he or she has reason to know that it exists.
(2) A person “knows” or “has knowledge” of a fact if he or she has actual knowledge of it.
(b) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when:
(1) It comes to his or her attention; or
(2) It is delivered in hand or sent by first class mail to him or her at a place held out by him or her as the place for receipt of the communication, or in the absence of such designation, to his or her last known place of residence.
(c) “Notice,” knowledge or a notice or notification received by an organization, is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his or her attention if the organization had exercised reasonable diligence.
Source Link - 20 R.I. Super. Ct. R. Civ. P. 6(D)
-
Additional Time After Electronic Service or Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party, and the notice or paper is served upon the party electronically or by mail, one (1) day shall be added to the prescribed period.
Source Link - 21 R.I. Gen. Laws § 34-18-35(a)
-
If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent, and notifying the tenant that unless he or she cures the breach within five (5) days of the date of mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an eviction action in the appropriate district court or housing court.
Source Link
