Updated June 28, 2022
A Rhode Island eviction notice is a letter used to notify a tenant that they have committed a violation of their lease agreement. It must include the reason for the notice and the number (#) of days the tenant has to cure the problem. If the tenant doesn’t respond, the landlord may seek an eviction filing in the District Court .
By Type (4)
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.
Download: Adobe PDF
5-Day Notice to Quit (
Non-Payment of Rent
)
– Pursuant to
§ 34-18-35
, this type of notice cannot be issued until rent has been at least fifteen (15) days late.
Download: Adobe PDF
20-Day Notice to Quit (
Non-Compliance
)
– For use when a tenant is breaching a lease, other than for non-payment of rent. 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.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– For use when a landlord seeks to inform a tenant that he or she does not intend to renew a month-to-month tenancy.
Download: Adobe PDF
Table of Contents |
Eviction Laws
- Non-Payment: 5 days’ notice after rent is late for at least 15 days. § 34-18-35
- Non-Compliance: 20 days. § 34-18-36
- Illegal Activity: No notice required. § 34-18-24 & 34-18-36(f)
- Termination (Month-to-Month Lease): 30 days. § 34-18-37(b)
- Eviction Lawsuit: Forcible Entry and Detainer. Chapter 34-19
Court Forms
Complaint for Eviction for Non-Payment of Rent (DC-54) – This complaint form is filed by the landlord in order to evict a tenant for failing to pay rent.
Complaint for Eviction for Reason Other than Non-Payment of Rent (DC-38) – Landlords may file this complaint form to evict a tenant for any reason other than the non-payment of rent.
Answer Defendant/Tenant (DC-53) – Completed by the tenant after receiving notification of an eviction action filed against them. This form allows the tenant to state the reasons why they should be permitted to retain their tenancy.
When is Rent Due
Rent is due on the date set forth in the rent, however, a landlord may not send notice to the 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 the 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 – After the tenant has been served the Complaint they will have the right to reply to the court with the answer form.
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 gives the tenant five days to vacate the property or appeal the judgment.
Step 6 – If the 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.
Video
How To Write (Notice To Quit)
1 – Locate the Paperwork
You will need the Signed Lease and the “Rhode Island Notice To Quit” form. This form is obtainable through the buttons (PDF, ODT, Word) below the file image on the right. Download the file type you wish to work with by clicking the appropriate button.
2 – Address the Recipient
Every intended Recipient targeted by this document must have his or her Name presented on the long blank line at the top of the page.
3 – Documenting the Leased Location
The Location of the Premises currently being occupied by the Recipient must be documented on this Notice. Locate the statement with the opening phrase “The premises herein referred…” Use this sentence to report the City, County, Zip Code, Building Number/Street, and Apartment Number by entering this information in the appropriate blank spaces.
4 – Recording the Rental Agreement’s Signature Date
The Signature Date on the Lease will be a factor that Identifies the Lease and verifies the Signature Party’s acquiescence to the terms. You will need to locate this information on the Rental Agreement then enter in the spaces provided.
5 – Inform The Recipient
The six statements in this section are each a Notice which may be issued. The Landlord issuing this Notice will need to select one of the first five check boxes. Tenants using this form may only use it to terminate a Month to Month Tenancy using the last statement.
If the Recipient has not paid his or her rent and you are issuing a Notice to Pay an Overdue Amount within Five Days of receiving this Notice or renounce possession of the Leased Property to the Landlord. In such a case, choose this statement then record an Authorized Agent’s Name, the Amount of Money the Recipient owes, the Dollar Amount the Tenant must pay, and the Rental Period that is covered specifically by this Dollar Amount on the spaces in this statement.
If the Recipient has violated the Lease for the first time and must be warned that he or she must correct this situation or cede the Property to the Landlord in Twenty Days then choose the second check box, “Noncompliance (1st Offense)” and report the action considered a violation on the blank line.
If the Recipient has violated the Lease for the second time in the same manner within the past six months then choose the third check box, “Noncompliance (2nd Offense),” and describe the offending behavior on the blank line.
If the Recipient has been found guilty of criminal activity then mark the fourth box, “Illegal Activity,” and record the criminal behavior on the blank space.
If the Recipient is renting a Property on a Month To Month basis and must be informed this agreement will be Terminated by the Landlord then choose the fifth box, “Month To Month Tenancy – I am your Landlord,” and report the last active Day of the Month To Month Tenancy Agreement.
If the Recipient is a Landlord who must be informed that his or her Tenant intends to return the Rented Property and cease renting on a Monthly basis then check the sixth box, “Month To Month Tenancy – I am your Tenant,” and report the last active day of the Month To Month Tenancy Agreement will be in effect.
6 – Disclosure Paragraph
The Disclosure contained in the paragraph will require a Signature from the Landlord/Agent issuing this Notice. If this is the entity issuing the document, then he or she must Sign his or her Name on the Landlord/Agent Signature Line.
7 – Delivery Certification
This document’s Delivery may only be validated by the Agent of Delivery in the “Certificate of Service” section. The statement in this section must have the Date of Delivery and Delivery Recipient recorded. Underneath this, the Agent will select a statement that best describes the Delivery Action. This may be a successful first-party delivery, second party delivery, or a USPS First Class Mail Delivery.
