Eviction Law in Providence, RI
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Providence, Rhode Island eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Providence, RI tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
There is a 15 day grace period for late rental payment in Providence. Rhode Island Regulations state that if a tenant is to face eviction, this grace period must have lapsed, as well as an extra 5 day period to pay off the balance of rent and late charges.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.
The lease agreement is also legally binding for the landlord. This means that any Providence landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.
The Tenant Damages the Property
Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.
If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your Providence property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.
However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.
How to Evict a Tenant in Providence, Rhode Island
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1: Check Your Local Laws
Eviction laws differ by state and city, so it’s crucial to familiarize yourself with local regulations before taking action. Ensure you have a legally valid reason for eviction before giving notice. A qualified , attorney can review your case to determine if your grounds for eviction are sound.
The Rhode Island Landlord/Tenant Handbook outlines tenant rights in Providence. Tenants are entitled to a clean, habitable living space, protection from discrimination, reasonable privacy, and the right to have landlords maintain common areas and make repairs when needed. If repairs are necessary and the tenant is not at fault, the landlord is responsible for making those repairs within a reasonable time.
Step 2: Give a Formal Notice of Eviction
If discussions with your tenant haven’t resolved the issue and they continue to violate the terms of the lease, provide a formal notice of eviction. This notice should clearly state the violation and outline what the tenant can do to stop the eviction process. Be specific about the breach, whether it’s non-payment of rent, property damage, or another violation.
Your eviction notice should also include a deadline for the tenant to either pay the rent or vacate the premises, along with the amount owed. If you’re uncertain how to create a proper eviction notice, you can use online templates or consult with a legal professional.
According to Property Management in Providence, landlords must provide written eviction notices that specify the legal cause for eviction. After the notice is served, the landlord must file a complaint with the local district court. Following the court’s ruling, a Writ of Execution will be issued within six days. Any property left behind by the tenant must be recovered and the tenant notified of its recovery.
Step 3: File the Eviction with the Court
Once the eviction notice has been given, you must file it with the court. The court will then set a hearing date and notify the tenant by a summons. If you are in Providence, you must file your eviction with the Providence District Court.
Step 4. Contact an Experienced Providence, Rhode Island Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Providence, RI law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Providence, Rhode Island
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Providence attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Rhode Island state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.