Eviction Law in Rhode Island
Landlords across Rhode Island often find themselves stuck between a tenant who refuses to follow the lease and a legal process that feels stacked in the tenant’s favor.
But there’s good news: understanding your rights as a property owner is the first step toward taking control. Whether you’re dealing with unpaid rent or behavior that’s putting your property at risk, state law gives you options.
Start by getting familiar with the legal framework around eviction in Rhode Island. Then, reach out for help from a qualified attorney who can guide you through the process step-by-step.
What Is an Eviction?
Eviction is the legal process used to remove a tenant from a rental property, typically after serious issues such as unpaid rent or lease violations. In Rhode Island, this process must follow specific steps outlined in state law, and landlords who fail to follow them risk delays or dismissal of their case.
That’s why many eviction notices end up serving as a final warning rather than a direct path to removal. If a tenant catches up on rent or agrees to comply with the terms of the lease, landlords may decide not to follow through with court proceedings.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a Rhode Island tenant regularly pays rent late, or stops paying altogether, you may have grounds to begin the eviction process. While a single late payment might not justify immediate action, consistent delays or outright nonpayment can disrupt your income and the management of your property.
Under Rhode Island law, tenants are given a 15-day grace period to pay rent after the due date. Once that window closes, the landlord must then give the tenant an additional 5-day notice to pay any overdue rent and late fees.
It’s critical to document each step you take. Always send “late rent” notices in writing and retain copies for your records. Courts often want to see a paper trail that shows the tenant was given every opportunity to resolve the issue.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are more than just guidelines—they are binding legal documents that set the expectations for both parties. If your Rhode Island tenant violates any part of that agreement, such as bringing in an unauthorized occupant or keeping a pet against the lease terms, you may have grounds for eviction.
It’s also important to remember that lease terms apply to landlords as well. If you agreed to perform maintenance or provide certain amenities, you are just as obligated to fulfill your part of the contract. Rhode Island landlords must meet all requirements spelled out in the lease, including repairs and upkeep, just as tenants must follow occupancy and behavior rules.
The Tenant Damages the Property
Normal wear and tear is expected when someone lives in a rental unit—scuffed floors or faded paint come with the territory. However, excessive or intentional property damage is a different story. If your tenant causes serious destruction, such as broken windows, kicked-in doors, or damaged plumbing, you may be able to pursue eviction for lease violations or destruction of property.
On the other hand, cosmetic issues or tenant-made repairs that don’t alter the structure may not be enough to justify eviction. Rhode Island landlords need to distinguish between negligence and intentional harm.
The Tenant Uses the Property for Illegal Purposes
Illegal activity on your rental property puts you—and your investment—at serious risk. Suppose you learn that a tenant is using the home for unlawful purposes such as drug manufacturing, illegal firearms, or other criminal behavior. You would have legal grounds to begin the eviction process in Rhode Island.
That said, you’ll need solid documentation. Police reports, witness statements, or evidence gathered by legal authorities can support your claim in court. An accusation alone is not enough.
How to Evict a Tenant in Rhode Island
Step 1. Check Your Local Laws
Eviction laws can vary not just from state to state, but even between cities within Rhode Island. That’s why it’s critical to understand the specific requirements and procedures that apply to your property’s location. Before serving any kind of notice, you’ll want to confirm that your reason for eviction meets the legal threshold.
According to Rhode Island’s official eviction guidelines, nonpayment of rent remains the most common justification for removal. But landlords are not limited to that one scenario. You may also initiate eviction if your tenant breaks a lease term, engages in unlawful activity, stays after the lease ends, or remains in a foreclosed property.
Step 2. Give a Formal Notice of Eviction
If a tenant continues to violate the terms of their lease despite your efforts to resolve the issue, it may be time to issue a formal eviction notice. This document should clearly spell out what part of the lease has been broken and what the tenant must do to avoid further legal action. In many cases, the notice serves as a final warning, giving the tenant one last opportunity to pay overdue rent, stop prohibited behavior, or correct the issue.
Rhode Island law requires that every eviction notice include a specific deadline for the tenant to pay what is owed or vacate the unit. You must also include the exact dollar amount due, including any late fees or penalties outlined in the lease.
According to Property Management guidelines, landlords in Rhode Island must first serve the eviction notice in writing, citing a valid legal reason if applicable. If the tenant does not comply, the next step is to file a formal complaint in the district court that serves the property’s location.
Once the court authorizes the eviction, the Writ of Execution is served within six days. This allows law enforcement to remove the tenant if they have not already left voluntarily. If any personal property is left behind, Rhode Island law requires the landlord to notify the tenant at their forwarding address or last known location.
Step 3. File the Eviction with the Court
Once you’ve issued an eviction notice and the tenant fails to comply, the next step is filing with the local court. In Rhode Island, District Courts oversee most landlord-tenant disputes, including formal eviction proceedings.
You’ll need to act promptly—once your notice period has expired, file the required paperwork with the court clerk to begin the legal process. After your case is filed, the court will assign a hearing date and notify the tenant with a summons.
Step 4. Contact an Experienced Rhode Island Eviction Attorney and Prepare for the Hearing
Before your hearing date arrives, it’s wise to consult with an experienced Rhode Island eviction attorney. They can help you gather documentation and make sure you’re following the proper procedures. For the court appearance, bring every document that supports your claim, including:
- A copy of the lease agreement
- A full payment history, including missed or late rent
- Any returned or bounced checks
- Text messages, emails, or letters between you and the tenant
- A copy of the written eviction notice
- Proof the notice was delivered properly
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be given a short window to vacate the property. In Rhode Island, this timeline is generally a few days, often between 48 hours and one week.
Once that period expires, and if the tenant still refuses to leave, you have the right to contact local law enforcement. Only the authorities can lawfully remove the tenant and enforce the court’s judgment.
Step 6. Collect Past-Due Rent Payments
Winning an eviction case doesn’t automatically resolve unpaid rent. If your tenant still owes money, you may need to take additional steps to recover what you’re owed. In Rhode Island, landlords can pursue outstanding payments through several legal channels, such as:
- Hiring a licensed debt collection agency
- Filing for a wage garnishment order
- Garnishing state or federal tax refunds
- Bringing a claim in small claims court
Work with an Experienced Eviction Attorney in Rhode Island
In Rhode Island, it’s not uncommon for tenants to push back by claiming you failed to follow proper notice procedures. That kind of misstep can delay your case—or worse, send you back to square one. Working with an experienced Rhode Island eviction attorney can make all the difference.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Rhode Island attorney on your side can take the pressure off your back and help ensure a court victory. 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.
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