A Rhode Island eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Rhode Island.
Types of Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Rhode Island law, rent is considered late the day after it’s due. However, landlords may not give tenants a Notice to Pay until rent is 15 days past-due.
Once rent is 15 days past-due, the landlord must provide tenants with a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include:
- The total amount of past-due rent owed;
- The deadline by which the tenant must pay the past-due amount in order to avoid eviction;
- The date the rental agreement will terminate if past-due rent is not paid; and
- A statement that the landlord may file a lawsuit in the district or housing court (as appropriate) if rent is not paid by the deadline.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
20-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Rhode Island if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Rhode Island landlords must provide tenants with a 20-Day Notice to Comply, giving tenants 20 days to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Material health and safety violations are also considered to be lease violations, and could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
Note that illegal activity is not included in this category.
If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation(s);
- What the tenant can specifically do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 20-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
10/30/90-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Rhode Island, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Year-to-Year – If the tenancy is from year-to-year, tenants must be given a 90-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice to vacate should include the date the tenancy will terminate and that a lawsuit may be filed if the tenant doesn’t move out by the termination date in the notice.
Get the downloadable 10/30/90-Day Lease Termination Notice form template below (.pdf direct link).
30-Day Notice to Quit (Foreclosure)
If the rental unit has been foreclosed upon, tenants cannot be evicted without cause. This means that a tenant cannot be evicted just because the rental property was foreclosed upon.
If there is a reason to terminate the tenancy, such as nonpayment of rent, a breach of the lease or rental agreement, or illegal activity, tenants must be given 30 days’ written notice prior to being evicted.
If the tenant remains on the rental property after the notice period expires, the landlord may continue with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 30-Day Eviction Notice for Foreclosure form template below (.pdf direct link).
What to Include in Rhode Island Eviction Notices
Under Rhode Island law, each type of eviction notice has specific requirements for what should be included, and will be addressed under each notice type below. In addition, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Rhode Island
In the state of Rhode Island, landlords can deliver an eviction notice through any of the following methods:
- Giving it to the tenant in person; or
- Mailing the notice to the tenant via first class mail.
Note that using certified mail is not required under Rhode Island law.
Eviction Process in Rhode Island
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- An answer is filed.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Rhode Island, click here.