Under Rhode Island state law, a written or oral lease is contractually binding. A lease binds tenants to pay rent on time each month, maintain certain responsibilities for the rental property, and adhere to the terms of their tenancy.
If a tenant fails to honor lease terms, the Rhode Island landlord-tenant act gives landlords the right to evict the tenant.
Evicting tenants is not as easy as simply removing their belongings from the rental unit or shutting off their utilities. Evictions of a tenant require strict compliance with the law. Engaging in such “self-help” tactics is illegal and the tenant may even use that as a legal ground to sue you or remain on the property.
The only legal way for a landlord to remove a difficult tenant from your rental unit is by obtaining a judgment for possession of the property. This allows landlords to proceed with the eviction of a tenant while remaining compliant with Rhode Island eviction laws.
From start to finish, landlords should expect the legal eviction process to take anywhere between one and four months from the date of filing the case. The following is a basic overview of the process:
- Have a legal ground.
- Send a proper demand to resume paying rent or terminate the tenancy.
- If the resident fails to comply, file a complaint with the court.
- Obtain a judgment for possession against the resident.
- Request a writ of execution.
- Obtain the services of a constable to lawfully remove the tenant from the premises.
What Is the Rhode Island Eviction Process? A Guide
According to Rhode Island's eviction laws, a landlord must have legal foundations to remove a tenant. Legal grounds in Rhode Island include nonpayment of rent, lease term extension or rental agreement, rent or lease violations, resident’s failure to comply with applicable law(s) or illegal activity engagement. These regulations also specify tenant protections.
Even with legal grounds, a landlord must first serve the resident with proper notice that their tenancy is being terminated. The type of written notice to serve the resident depends on the reason for the termination.
The following are the types of notices that a landlord may use in the Rhode Island eviction process:
5-Day Notice to Pay or Quit
If a tenant continues to pay rent late, the landlord must serve them this notification to begin the eviction process in Rhode Island. The 5-Day Notice to Pay or Quit will give them five calendar days to pay the entire due rent or move out.
If the resident fails to pay, on the sixth day the landlord may file a Rhode Island eviction action. The landlord may also file a complaint if the tenant disputes the amount owed.
30-Day Notice to Quit
If a landlord wants to remove a tenant who is on a month-to-month tenancy, you have to serve a 30-Day Notice to Quit that gives tenants a full rental period’s notice to leave, according to Rhode Island law. For tenants on other periodic leases, there are different eviction notices.
For example, a landlord must serve a 10-day notice to a tenant on a week-to-week lease. If the tenant does not comply, the landlord can file a complaint to initiate the eviction.
20-Day Notice to Cure or Vacate
Has your tenants violated a term of the rental agreement, like letting trash pile up, parking in an unauthorized area, or having an unauthorized pet? In these cases, landlords must serve them a 20-Day Notice to Cure or Vacate.
This will give the tenant a notice period of a maximum of 20 days to remedy the problem or vacate the premises. If the tenant fails to comply, the landlord may proceed with filing a complaint for eviction.
Immediate Notice to Quit
If the tenant has committed certain criminal activity, the landlord may be able to file an eviction action immediately. For certain crimes, the landlord doesn’t have to provide the tenant with a prior written eviction notice.
Examples of illegal activity include felony assault, possession of a controlled substance, or manufacture of a controlled substance on the premises. In such cases, the landlord can proceed directly with filing the eviction action.
Serving an Eviction Notice in Rhode Island
As a Rhode Island landlord, landlords have a responsibility to mail the tenant the correct eviction notice for termination of tenancy. It must be mailed first class, regular mail, and not certified mail.
Tenant Eviction Defenses in Rhode Island
These are reasons a tenant may give in court to stop their evictions. The following are some examples:
- The tenant didn’t commit the alleged lease violations.
- The tenant fixed the lease violations within the notice period. For example, pay rent that was overdue within five days.
- The notice of eviction contained some significant irregularities. For example, it failed to mention the effective date of lease termination.
- The tenant withheld rent payments because the landlord failed to make the requested repairs.
- If the tenant has made a partial payment, they might argue that the landlord accepted the payment, which could imply an agreement to delay eviction.
- The request to evict from the landlord was in retaliation to the tenants exercising their rights, such as forming or joining a tenants’ union to champion their rights.
- The eviction was because of the tenant's race, color, religion, nationality, disability, or any other protected class under the Fair Housing Act.
If tenants can prove that the eviction announcement was not properly served, the court might invalidate the request to evict.
Attending the Eviction Hearing in Court
Both the landlord and resident are expected to attend the court trial. If the resident does not appear at the district court hearing, often the court rules in the landlord's favor as a default judgment.
Tenants have five days to appeal their eviction lawsuit in court. After a successful judgment, the court will issue execution within six days after the ruling. You’ll then need to give the writ to the sheriff to execute the eviction process.
Writ of Execution
A writ of execution, or execution, is the final notice for the tenant to leave the premises during an eviction lawsuit. Under Rhode Island regulation, a constable can execute it, or evict the resident, immediately or after a few days.
Rhode Island Eviction Process: Bottom Line
This is an outline of how to evict tenants in Rhode Island. If you have a question or need expert help in the eviction of your tenants, Stonelink Property Management can help. Not only that, but we cover all aspects of property management for landlords. If you as a landlord want assistance marketing your property, collecting rent, drafting a lease or rental agreement or doing maintenance, we're here for you.
Stonelink Property Management is one of the fastest-growing property management companies in Rhode Island and Southeastern Massachusetts. We've been helping landlords like you for a decade. Get in touch to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
