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🏛️ Courthouse Information and Locations for Rhode Island

Rhode Island Eviction Laws: Notice Requirements, Process, and Timelines

Rhode Island handles evictions through District Court or Housing Court using proceedings governed by the Residential Landlord and Tenant Act (R.I. Gen. Laws § 34-18). Rhode Island requires rent to be 15 days late before landlords can send a 5-day demand notice for nonpayment, and uses a 20-day notice for lease violations affecting health and safety. The state has strict prohibitions against self-help evictions with substantial penalties. Below you’ll find everything landlords need to know.

Rhode Island Eviction Laws

Comprehensive guide to Rhode Island's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court or Housing Court - Eviction for Nonpayment of Rent (RIGL § 34-18-35).

⚡ Quick Overview

5 (but rent must be 15+ days in arrears before notice can be sent)
Days Notice (Nonpayment)
20 (most violations); no notice for § 34-18-24(8)(9)(10) violations or seasonal noise/overcrowding
Days Notice (Violation)
30-60
Avg Total Days
$$80
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 5-Day Demand Notice for Nonpayment of Rent
Notice Period 5 (but rent must be 15+ days in arrears before notice can be sent) days
Tenant Can Cure? Yes - tenant can pay all rent within 5 days; also can cure by paying rent + court costs at hearing if no demand notice in prior 6 months
Days to Hearing 14-24 (hearing set 14-24 days after complaint filed) days
Days to Writ 6 days after judgment (writ of execution issued) days
Total Estimated Timeline 30-60 days
Total Estimated Cost $150-400
⚠️ Watch Out

CRITICAL: Rent must be 15+ days in arrears before 5-day demand notice can be sent (§ 34-18-35(a)). So minimum 20 days from due date before filing. Notice must use substantially similar form to § 34-18-56(a) and specify exact amount 15+ days in arrears. Tenant can cure before suit by paying full rent. IMPORTANT PAY-AND-STAY: If tenant hasn't received a demand notice in prior 6 months, tenant can cure at hearing by paying all rent + court costs. If tenant DID receive demand notice in prior 6 months and nonpayment was willful, landlord can recover attorney fees. Hearing 14-24 days after filing. Tenant can answer at or before hearing (nonpayment). Writ of execution issued 6 days after judgment. 5-day appeal period. On appeal: must continue paying rent on time or appeal dismissed.

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type 20-Day Notice to Cure or Quit (curable) / 20-Day Unconditional Quit (criminal/health-safety) / No notice for certain violations
Notice Period 20 (most violations); no notice for § 34-18-24(8)(9)(10) violations or seasonal noise/overcrowding days
Tenant Can Cure? Yes for 20-day curable violations; No for criminal activity or repeat violations within 6 months; No for § 34-18-24(8)(9)(10) violations
Days to Hearing Court scheduling dependent (no statutory deadline for non-payment evictions) days
Days to Writ 6 days after judgment days
Total Estimated Timeline 45-90 days
Total Estimated Cost $150-400
⚠️ Watch Out

20-day notice for curable lease violations: must specify breach, corrective action, and that if not cured in 20 days tenancy terminates and eviction will be filed. If same noncompliance within 6 months after written warning = 20-day unconditional quit (no cure). For § 34-18-24(8)(9)(10) violations (criminal activity, health/safety threats) and seasonal tenants violating noise/overcrowding ordinances = no 20-day notice required, file directly (§ 34-18-36(f)). Periodic tenancy termination (no cause): 30-day notice (monthly); 10-day (weekly); 3-month (yearly). Tenant has 20 days to file answer for non-payment evictions. On appeal must continue paying rent or appeal dismissed.

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Sheriff/constable or certified constable; first-class mail (nonpayment only - landlord/attorney can mail + another method required)
Proof Required Yes - proof of service filed before hearing
Posting Allowed Yes - leave at last usual place of abode with person of suitable age if personal delivery fails
Service of Process Fee $25-60
📝 Service Notes

Nonpayment: summons served at least 5 days before hearing. Landlord or attorney can mail + must use another service method. Other evictions: different service rules apply.

🏛️ Court & Legal Information

Court District Court or Housing Court - Eviction for Nonpayment of Rent (RIGL § 34-18-35)
Filing Fee (Approx) $$80
Attorney Required No
Attorney Recommended Yes - complex timing requirements
Mandatory Mediation No formal requirement; court may refer to mediation
Jury Trial Available No in district court; Yes on appeal to Superior Court (de novo)
Recover Attorney Fees Yes - only if tenant received demand notice in prior 6 months AND nonpayment was willful (§ 34-18-35(d))
Recover Back Rent (Same Filing) Yes - can recover possession + rent due through hearing date + court costs
Recover Costs from Tenant Yes - court costs recoverable
Default Judgment Available Yes - if tenant fails to file answer
Default Judgment Timeline At hearing
Statute Citation RIGL § 34-18-35; § 34-18-9; § 34-18-10
Self-Help Eviction Allowed No - strictly prohibited; tenant can recover 3 months rent or 3x actual damages (whichever greater) + attorney fees (§ 34-18-44)
Local Overrides Common Limited - New Shoreham (Block Island) has rent caps
🕐 Common Delays

15-day arrears requirement; tenant curing at hearing; discovery continuances; 5-day appeal period; appeal to Superior Court ($160)

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 5 days
Appeal Stays Eviction Yes - execution stayed pending appeal; tenant MUST pay rent on time during appeal or appeal dismissed; appeal to Superior Court costs ~$160 (may be waived for low income)
Tenant Pay and Stay Yes - STRONG: (1) cure before suit by paying full rent; (2) if no demand notice in prior 6 months, cure at hearing by paying rent + costs (§ 34-18-35(e)). Repeat nonpayers who received notice in prior 6 months lose this right.
Tenant Auto-Continuance Court may continue for discovery if tenant shows good cause and commences discovery before hearing; court can order interim rent
Writ Executed By Sheriff or certified constable
Writ Execution Timeline Writ issued 6 days after judgment; landlord hires sheriff to execute; no prior notice to tenant required; can show up any time after writ period
Writ Execution Fee $25-75
🔒 Lockout Procedure

Sheriff/constable executes writ of execution; landlord arranges storage of belongings; no prior notice to tenant after writ period

📦 Tenant Property & Abandonment

Abandonment Period No specific statute; landlord must arrange storage days
📋 Abandonment Rules

Landlord must put belongings in storage after court-ordered eviction. Tenant must pay moving and storage fees to reclaim. No specific statutory timeline for disposal.

🏦 Security Deposits

Return Deadline 20 days
Maximum Deposit 1 month rent (§ 34-18-19); cannot require both security deposit AND last month's rent
📝 Deposit Details

20-day return by mail to tenant's forwarding address with itemized deductions. 1 month max - cannot require both security AND last month rent (anti-double-dipping). Must hold in separate interest-bearing account; pay interest annually if held 1+ year. Failure to return = tenant recovers amount wrongfully withheld + 2x that amount as damages + attorney fees (§ 34-18-19). Tenant must provide forwarding address in writing.

💵 Late Fees

Late Fee Cap No statutory cap
📝 Late Fee Rules

No state limit on late fees. Rent must be 15 days late before eviction notice can be sent (effectively a mandatory 15-day grace period for eviction purposes). Late fees should be specified in lease.

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes (§ 34-18-46)
Retaliation Window Not specified; tenant must prove retaliatory motive
Rent Control Limited - New Shoreham (Block Island) only
📝 Rent Control Details

No statewide rent control. New Shoreham (Block Island): rent increases capped at 5% per year or regional CPI (whichever lower). No state preemption statute.

COVID Protections Active No
Fair Housing (State Additions) Sexual orientation; gender identity/expression; age; veteran status; source of income (including Section 8) (RIGL § 34-37-4)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Providence; New Shoreham; Pawtucket; Woonsocket
📝 Local Override Details

New Shoreham rent cap (5%/CPI). Providence has additional tenant notification requirements. Rhode Island Residential Landlord and Tenant Act (RIGL Ch. 34-18) applies statewide.

Underground Landlord

📝 Rhode Island Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the District Court or Housing Court - Eviction for Nonpayment of Rent (RIGL § 34-18-35). Pay the filing fee (~$$80).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for Rhode Island

📊 Data Confidence

ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity

⚠️ Disclaimer: This page provides general information about Rhode Island eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Rhode Island attorney or local legal aid organization.
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Disclaimer: This is general educational information, not legal advice. Consult a qualified Rhode Island attorney for specific legal guidance.

Governing Law and Court System

Rhode Island evictions are governed by:

Courts:

Filing fees: Approximately $80 for filing; $45 for sheriff service; total average cost approximately $235.

Self-Help Eviction Prohibited

Self-help evictions are strictly prohibited in Rhode Island. Landlords cannot:

Severe penalties: If landlord violates this prohibition, tenant may recover:

(R.I. Gen. Laws § 34-18-34)

Legal Grounds for Eviction

Landlords may evict for:

Notice Requirements by Violation Type

Nonpayment of Rent: 15-Day Wait + 5-Day Demand Notice

Rhode Island has a specific two-step process:

  1. Wait until rent is 15 days overdue—landlord cannot act before this
  2. Send 5-Day Demand Notice (form per § 34-18-56(a))

The notice must specify:

Tenant’s cure rights:

Filing timeline: Cannot file complaint until 6th day after mailing the demand notice.

(R.I. Gen. Laws § 34-18-35)

Lease Violations (Health/Safety): 20-Day Notice to Cure

For material noncompliance with lease OR statutory duties affecting health and safety:

(R.I. Gen. Laws § 34-18-36)

Repeat Violations (Same Act Within 6 Months): 20-Day Notice (No Cure)

If same violation occurred within prior 6 months:

(R.I. Gen. Laws § 34-18-36(e))

Criminal/Illegal Activity: No Notice Required OR 20-Day Unconditional

For violations involving narcotics, controlled substances, or crimes of violence:

Covered activities include (§ 34-18-24(8), (9), (10)):

(R.I. Gen. Laws § 34-18-36(f))

Termination of Periodic Tenancy (No Fault)

Notice periods vary by tenancy type:

(R.I. Gen. Laws § 34-18-37)

Foreclosure: 30-Day Notice

If property is being foreclosed AND there’s a valid eviction reason:

Service of Notice

Notices must be sent by first-class mail to the tenant. Keep proof of mailing (certification of mailing date as shown on statutory forms).

Filing the Eviction Complaint

After notice period expires, file the appropriate complaint in District Court or Housing Court:

Nonpayment complaint must include:

Service of Summons and Complaint

Two-part service required for nonpayment cases:

  1. Landlord mails copies of complaint, summons, and answer form to tenant by first-class mail same day as filing
  2. Sheriff/constable serves documents to tenant

Sheriff service methods:

Service fee: $45

Service deadlines:

Hearing Timeline

Nonpayment cases:

Lease violation/holdover cases:

If tenant fails to appear or answer: Default judgment for landlord.

At the Hearing

Landlord should bring:

Discovery: If tenant files answer and requests discovery before hearing, court may continue the hearing to allow reasonable time for discovery. Court may order interim rent to preserve status quo.

Judgment and Writ of Execution

If landlord wins:

Writ of Execution timing:

(R.I. Gen. Laws § 34-18-48)

Execution and Physical Removal

After writ is issued:

No prior notice required—sheriff can arrive at any time after writ is issued.

Tenant’s belongings: Landlord must arrange for belongings to be placed in storage. Tenant must pay moving and storage costs to retrieve belongings.

Appeal Process

Tenant Defenses

Typical Timeline

Landlord Heating Requirement

Rhode Island requires landlords to maintain heat at minimum 68°F between October 1 and May 1 (R.I.G.L § 45-24.3-9). Failure to provide heat can be grounds for tenant defenses.

Security Deposit Rules

(R.I. Gen. Laws § 34-18-19)

Best Practices for Rhode Island Landlords

Quick Reference: Rhode Island Eviction Rules

Bottom line: Rhode Island has specific timing requirements that landlords must follow carefully. The 15-day waiting period before sending a 5-day demand notice is unique—many landlords make the mistake of acting too quickly. The 6-month repeat violation rule is valuable because it eliminates the tenant’s cure right for recurring problems. Criminal and drug activity allow immediate filing without notice. Self-help eviction penalties are among the strictest (3x damages or 3 months’ rent). Once the 5-day appeal period passes, execution moves quickly—the writ issues automatically on day 6 and the sheriff can act without additional notice. Always use the statutory forms and mail notices properly to avoid delays.