A Rhode Island 10 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a week-to-week lease. The non-terminating party must receive notice at least ten (10) calendar days before the date of termination.
When To Use a Rhode Island 10 Day Notice To Vacate
A Rhode Island 10 Day Notice To Vacate ends a week-to-week lease, or a rental situation with no written lease where the tenant pays rent weekly. Either the landlord or the tenant may deliver this notice, as appropriate.
Some types of Rhode Island lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Rhode Island 10 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Rhode Island 10 Day Notice To Vacate
Rhode Island landlords and tenants may deliver a Notice To Vacate by any method which adequately informs the other party. The law recognizes these methods as having a presumption of legal validity:
- Hand delivery to the other party
- Mailed delivery via first class mail, to the other party’s address of record or last known residence
By default, notice is considered complete when it is received by the other party. Mailed notice extends a notice period by one (1) calendar day, to account for variable delivery times.
Sources
- 1 RI Gen L § 34-18-37
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Termination of Tenancy
The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice.
Source Link - 2 R.I. Gen. Laws § 34-18-14
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(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 - 3 R.I. Super. Ct. R. Civ. P. 6(D)
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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
