The Rhode Island eviction notice forms are for use when a tenant is violating the terms of the lease and landlord needs to inform the tenant so that tenant can either take action to rectify the problem, or the tenant can move out. Landlord must wait the requisite time period before proceeding with any further eviction action. Once the time period has expired, landlord can go to the District Court that represents the area in which the property is located in order to file a Complaint for Eviction for Non-Payment or Complaint for Eviction for Other than Non-Payment. The court will set a hearing date at which point both parties will have the opportunity to be heard. If the judge finds in favor of the landlord, he or she will issue a judgment for possession which give the tenant five days to move out or appeal.
Notices By Type
24-Hour Notice to Quit (Illegal Activity) – This form is to inform the tenant of imminent eviction proceedings if they do not leave the premises immediately due to illegal activity.
20-Day Notice to Quit (Non-Compliance) – This form is for use when a tenant is breaching a lease, other than for non-payment of rent. Tenant will have 20 days to cure before landlord can proceed with eviction proceedings.
- If the Tenant conducts the same violation within the last six (6) months this notice can be modified to be incurable and the tenant will be forced to vacate the premises.
30-Day Notice to Quit (Month to Month Tenancy) – This form is for use when a landlord seeks to inform a tenant that he or she does not intend to renew a month-to-month tenancy.
When is Rent Due
Rent is due on the date set forth in the rent, however, a landlord may not send notice to tenant that the rent is late until fifteen (15) days after the due date.
How to Evict (Process)
Step 1 – Before a landlord may seek a court’s assistance to evict a tenant, a landlord must provide notice required by Rhode Island statutes to tenant letting them know of the intention to file an eviction if the tenant fails to cure the breach of the lease, or vacate the premises at the end of a tenancy. It is important that landlord keep a copy of the notice served and have some evidence that it was in fact served. The possible forms are as follows:
- 24-Hour Notice to Quit (Illegal Activity)
- 5-Day Notice to Quit (Non-Payment)
- 20-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2- Once the landlord has waited the requisite waiting period, then he or she can file a complaint with the Local District Court. There are two types of complaints depending on the reason for eviction. For non-payment use a Complaint for Eviction for Non-Payment. For another type of breach, use a Complaint for Eviction for Other than Non-Payment.
Step 3 – The court will set a date for a hearing and have the tenant served with a summons and the complaint. Landlord must mail the complaint and summons to tenant as well.
Step 4 – At the hearing, the landlord will have to demonstrate that he served the notice properly and that he waited the requisite time period and that the tenant is in fact in breach of the lease. The tenant will have a chance to rebut the claims of the landlord.
Step 5- If the judge finds in favor of the landlord, he or she will issue a judgment for possession which give the tenant five days to vacate the property or appeal the judgment.
Step 6 – If tenant hasn’t appealed or vacated by the end of the 5th day, an execution for eviction will be issued giving constable 5 days to remove the tenant.