🏛️ 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
💰 Nonpayment of Rent
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.
📋 Lease Violation
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.
📬 Service of Process
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
15-day arrears requirement; tenant curing at hearing; discovery continuances; 5-day appeal period; appeal to Superior Court ($160)
⚖️ Appeals & Post-Judgment
Sheriff/constable executes writ of execution; landlord arranges storage of belongings; no prior notice to tenant after writ period
📦 Tenant Property & Abandonment
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
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
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
No statewide rent control. New Shoreham (Block Island): rent increases capped at 5% per year or regional CPI (whichever lower). No state preemption statute.
🏙️ Local Overrides & City-Specific Rules
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)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- 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).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Rhode Island
📊 Data Confidence
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
Underground Landlord
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:
- R.I. Gen. Laws Title 34, Chapter 18: Residential Landlord and Tenant Act
- R.I. Gen. Laws Title 34, Chapter 19: Eviction lawsuit procedures
Courts:
- District Court: Primary court for residential evictions (no jurisdictional dollar limit for landlord-tenant matters)
- Housing Court: Alternative venue for eviction cases
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:
- Remove or exclude tenant from premises
- Interrupt heat, running water, hot water, electricity, gas, or other essential services
- Change locks
- Remove tenant’s belongings
Severe penalties: If landlord violates this prohibition, tenant may recover:
- Possession of the unit OR terminate lease
- Up to 3 months’ rent OR 3x actual damages (whichever is greater)
- Reasonable attorney’s fees
- Return of all security deposit and prepaid rent
(R.I. Gen. Laws § 34-18-34)
Legal Grounds for Eviction
Landlords may evict for:
- Nonpayment of rent (15+ days late)
- Lease violations affecting health and safety
- Criminal or illegal activity
- End of lease term / periodic tenancy termination
- Repeat violations within 6 months
Notice Requirements by Violation Type
Nonpayment of Rent: 15-Day Wait + 5-Day Demand Notice
Rhode Island has a specific two-step process:
- Wait until rent is 15 days overdue—landlord cannot act before this
- Send 5-Day Demand Notice (form per § 34-18-56(a))
The notice must specify:
- Amount of rent in arrears (that is 15+ days late)
- Demand for payment
- Warning that if not cured within 5 days of mailing, rental agreement terminates and eviction will be filed
Tenant’s cure rights:
- Tenant can pay full rent within 5 days to stop eviction
- If tenant has NOT received a demand notice in the prior 6 months, they can cure at the hearing by paying full rent plus court costs
- If tenant HAS received a demand notice in prior 6 months and nonpayment was willful, landlord may also recover attorney’s fees
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:
- Serve 20-day notice specifying the breach
- Must state corrective action required
- Must state that if not cured within 20 days, lease terminates
- If cured within 20 days, eviction cannot proceed
(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:
- Serve 20-day termination notice
- No cure right—tenant must vacate
- Notice must specify the breach and termination date
(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:
- No notice required—landlord may file immediately
- Alternatively, may serve 20-day unconditional notice
- No cure right
Covered activities include (§ 34-18-24(8), (9), (10)):
- Maintaining a narcotics nuisance
- Manufacture, sale, or delivery of controlled substances
- Possession with intent to sell/deliver controlled substances
- Crimes of violence: murder, manslaughter, arson, rape, sexual assault, kidnapping, assault with dangerous weapon, assault/battery involving grave bodily injury
(R.I. Gen. Laws § 34-18-36(f))
Termination of Periodic Tenancy (No Fault)
Notice periods vary by tenancy type:
- Week-to-week: 10 days before termination date
- Month-to-month: 30 days before termination date
- Year-to-year: 3 months before end of occupation year
(R.I. Gen. Laws § 34-18-37)
Foreclosure: 30-Day Notice
If property is being foreclosed AND there’s a valid eviction reason:
- Serve 30-day notice to quit
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 for Eviction for Nonpayment of Rent” (§ 34-18-56(d))
- Other reasons: “Complaint for Eviction for Reason Other Than Nonpayment of Rent” (§ 34-18-56(e))
Nonpayment complaint must include:
- Landlord owns/manages the premises
- Tenant is 15+ days in arrears
- Amount of rent per period and amount in arrears
- 5-day demand notice was mailed (attach copy)
- Date notice was mailed
- Tenant hasn’t paid
- Request for possession and back rent
Service of Summons and Complaint
Two-part service required for nonpayment cases:
- Landlord mails copies of complaint, summons, and answer form to tenant by first-class mail same day as filing
- Sheriff/constable serves documents to tenant
Sheriff service methods:
- Personal delivery to tenant
- Delivery to adult at premises
- Posting conspicuously on front door (if no one found)
Service fee: $45
Service deadlines:
- Nonpayment: At least 5 days before hearing
- Other reasons: At least enough time for 20-day answer period
Hearing Timeline
Nonpayment cases:
- Hearing scheduled 14-24 days after complaint filed
- Tenant can file answer at or before hearing
Lease violation/holdover cases:
- Tenant has 20 days from service to file written answer
- Hearing scheduled after answer filed (timeline varies by court)
If tenant fails to appear or answer: Default judgment for landlord.
At the Hearing
Landlord should bring:
- Lease agreement
- Eviction notice with proof of mailing
- Complaint
- Rent ledger
- Evidence of violations (photos, communications, etc.)
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:
- Court issues judgment for possession
- Court may also award back rent and damages
Writ of Execution timing:
- 5-day appeal period begins from judgment date
- If no appeal filed and judgment not satisfied, writ of execution issued on day 6
- $20 fee for writ issuance
(R.I. Gen. Laws § 34-18-48)
Execution and Physical Removal
After writ is issued:
- Landlord gives writ to sheriff or certified constable
- Sheriff must execute within 5 days of receiving the mandate
- Law doesn’t specify final notice period to tenant—could be immediate
- Tenant should be prepared to move out quickly
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
- 5 calendar days to file appeal (not business days)
- Appeal filed at District Court Clerk’s office where case was heard
- Case transferred to Superior Court
- Must pay rent as it becomes due during appeal
- Failure to pay rent during appeal = appeal dismissed, eviction proceeds
- May request fee waiver if indigent (in forma pauperis)
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, improper mailing
- Breach cured: Tenant paid rent or fixed violation within cure period
- Landlord accepted rent: Waiver of right to terminate if landlord accepted rent knowing of default
- Habitability: Landlord failed to maintain premises (§ 34-18-32)
- Retaliation: Eviction in response to tenant exercising legal rights (§ 34-18-46)
- No required notice received
- Written lease not expired
Typical Timeline
- Rent must be 15 days late before any action
- 5-day demand notice
- Filing to hearing (nonpayment): 14-24 days
- Appeal period: 5 days
- Writ execution: Issued day 6, executed within 5 days
- Total (uncontested nonpayment): 1-2 months
- Contested/complex: 2-4+ months
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
- Maximum: 1 month’s rent
- Cannot require both security deposit AND last month’s rent (“no double-dipping”)
- Return within 20 days of tenant vacating
- Must provide itemized deduction list if withholding any amount
(R.I. Gen. Laws § 34-18-19)
Best Practices for Rhode Island Landlords
- Wait full 15 days after rent due date before sending demand notice
- Use statutory notice forms (§ 34-18-56) to ensure compliance
- Mail all notices by first-class mail and keep proof of mailing date
- Don’t file complaint until 6th day after mailing demand notice
- Mail complaint, summons, and answer form to tenant same day as filing
- Track the 6-month window for repeat violations (eliminates cure right)
- For criminal activity, no notice required—can file immediately
- Keep meticulous records of all communications and payments
- Never attempt self-help eviction—penalties are severe (3x damages)
- Be prepared to move quickly once writ issues—sheriff may act immediately
Quick Reference: Rhode Island Eviction Rules
- Rent late threshold: 15 days
- Nonpayment notice: 5-day demand
- Lease violations (health/safety): 20-day notice (cure allowed)
- Repeat violations (6 months): 20-day notice (no cure)
- Criminal/drug activity: No notice required OR 20-day unconditional
- Week-to-week termination: 10 days
- Month-to-month termination: 30 days
- Year-to-year termination: 3 months
- Hearing (nonpayment): 14-24 days after filing
- Answer period (other): 20 days
- Service before hearing (nonpayment): 5 days minimum
- Appeal period: 5 days
- Writ issued: Day 6 if no appeal
- Sheriff execution: Within 5 days of receiving writ
- Self-help penalty: 3 months’ rent OR 3x damages (whichever greater) + attorney’s fees
- Security deposit max: 1 month rent
- Security deposit return: 20 days
- Governing law: R.I. Gen. Laws § 34-18
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.