Under Rhode Island law, a written or oral lease is contractually binding. A lease binds residents to make timely monthly rent payments, maintain certain responsibilities for the property, and adhere to the terms of their tenancy.
If a resident fails to honor lease terms, the Rhode Island landlord-tenant act gives landlords the right to evict the resident.
Evicting residents is not as easy as simply removing their belongings from the unit or shutting off their utilities. Removing a tenant requires strict compliance with the law. Engaging in such “self-help” tactics is illegal and the resident may even use that as a legal ground to sue you or remain on the premises.
The only legal way to get rid of a difficult resident is by obtaining a judgment for possession of the premises. This allows a Landlord to proceed with the lawful removal of a resident.
From start to finish, expect the 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 for rent or termination of 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 resident.
What’s the Eviction Process in Rhode Island? A Guide
In the state of Rhode Island, you must have legal grounds to remove a resident. Legal grounds include not paying rent on time, extending the term of the lease, violating the lease agreement, resident’s failure to comply with applicable law(s) or engaging in illegal activity.
Even with legal grounds, you must first serve the resident with proper notice to that their tenancy is being terminated. The type of notice to serve the resident depends on the reason for the termination.
The following are the types of notices that may be served:
5-Day Notice to Pay or Quit
If a resident continually pays rent late, you must serve them this notice to begin the eviction process. 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 you may file an eviction action.
30-Day Notice to Quit
If you want to remove a resident who is on a month-to-month lease, you have to serve a 30-Day Notice to Quit that gives them a full rental period’s notice to vacate. For residents on other periodic leases, there are different notices. For example, you must serve a 10-day notice to a resident on a week-to-week lease.
20-Day Notice to Cure or Vacate
Has your resident violated a term of the lease agreement, like letting trash pile up, parking in an unauthorized area, or having an unauthorized pet? In these cases, you must serve them a 20-Day Notice to Cure or Vacate. This will give the resident a maximum of 20 days to remedy the problem or vacate the premises.
Immediate Notice to Quit
If the resident has committed certain criminal activity, you may be able to file an eviction action immediately. For certain crimes, you don’t have to provide the resident with prior notice. Examples of illegal activity include felony assault, possession of a controlled substance, or manufacture of a controlled substance on the premises.
Serving an Eviction Notice in Rhode Island
As a landlord, you have a responsibility to mail the resident the correct eviction notice for termination of tenancy. It must be mailed first class, regular mail and not certified mail.
Resident Eviction Defenses in Rhode Island
These are reasons a resident may give in court to stop their eviction. The following are some examples.
- The resident didn’t commit the violation alleged.
- The resident fixed the violation within the notice period. For example, paid the overdue rent within five days.
- The eviction notice contained some significant irregularities. For example, it failed to mention the effective date of lease termination.
- The resident withheld rent payments because the landlord failed to make the requested repairs.
- The eviction was in retaliation to the resident exercising their right, such as forming or joining a residents’ union to champion their rights.
- The eviction was because of the resident’s race, color, religion, nationality, disability, or any other protected class under the Fair Housing Act.
Attending the Court Hearing
The court may issue a default judgment if the resident fails to appear and after you have testified as to the facts of the case.
Residents have five days to appeal their eviction. 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 it.
Writ of Execution
Writ of Execution
A writ of execution, or execution, is the final notice for the resident to leave the premises. In Rhode Island, a constable can execute it immediately or after a few days.
This is an outline of the eviction process in Rhode Island. If you have a question or need expert help in evicting your resident, Stonelink Property Management can help.
Stonelink Property Management is one of the fastest-growing property management companies in Rhode Island and Southeastern Massachusetts. 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.