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Last Update November 9th, 2021
Rhode Island Eviction Notice Types
A legal eviction in Rhode Island can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct RI legal contracts, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
5-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
20-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 20-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 20 days, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
24-Hour Notice to Quit (Illegal Activity)
A 24-Hour notice to quit can be used for tenants that engage in illegal activities which pose an immediate threat. This type of behavior cannot be cured by the tenant, and they will have to vacate the property immediately.
Rhode Island Eviction Laws
You can only evict someone in Rhode Island if they’ve committed a legally valid breach of the lease under RI statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Rhode Island means conforming with the following legal requirements:
Nonpayment of rent: 5 days’ notice (§ 34-18-35)
Lease violation: 20 days’ notice (§ 34-18-36)
Lease termination (month-to-month): 30 days’ notice (§ 34-18-37(b))
The notice must also be served to the tenant in compliance with the property laws in RI. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Rhode Island Eviction Process
Evicting a tenant in RI follows a strict legal process. When issuing an eviction notice, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as an eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
To complete an eviction process in Rhode Island, you will need to:
Serve an eviction notice with the correct notice period and a legal reason to evict.
File for an eviction in a local court if the tenant doesn’t obey the notice.
Attend the court hearing in person to make your case to the judge.
Request a Writ of Exeuction from the clerk of the court if the judge rules in your favor.
Deliver the Writ to local law enforcement, so they may carry out a forced eviction.
FAQs About Rhode Island Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Rhode Island’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Rhode Island?
To successfully evict a tenant in Rhode Island state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in Rhode Island?
The eviction process in RI usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 5 days from when the notice has been served.
How Many Days Notice Does a Landlord Need to Give in Rhode Island?
The notice period a landlord needs to give in Rhode Island always depends on their reason to evict. When a Rhode Island eviction notice is served, it must provide the correct duration for the infraction, or it won’t be valid. This can be as few as 5 days for a missed rental payment and up to 30 days when terminating a lease.