Rhode Island Eviction Process

Eviction Process in Rhode Island

Like most states, Rhode Island eviction process allows for eviction in the following circumstances:

When the tenant…

• Fails to pay rent when it is due.  Take note, however, that if the landlord has been in the habit of accepting late rent, the court will find that the date when payment was due to have shifted.
• Breaches the lease.  When the tenant substantially violates a term of the lease, he may be liable for eviction; especially if the lease specifically states eviction as the consequence of breaching that particular term.  This would include damaging the property.
• Fails to leave after the lease ends.  A tenant may be evicted for failing to leave the premises after the lease has expired or been properly terminated.

 

 

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DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN RHODE ISLAND

Rhode Island Landlord Tenant Eviction / Unlawful Detainer Forms Package

RHODE ISLAND EVICTION FORMS

 

 

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The Rhode Island Rental Agreement

Rhode Island Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

 

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How does the eviction process work?

The most common case where a landlord seeks eviction is when the tenant fails to pay rent.  when this is the landlord’s reason for seeking eviction, he must give the tenant a 5 day notice to pay the rent or leave the property.  This is known as a “Pay or quit” notice.  However, if the reason is because of illegal use of drugs, or other violent crimes committed on the property, no notice is necessary before going to court.

 

To begin an eviction proceeding, the landlord must file a complaint with the court, which will then set a hearing with 9 days.  The landlord will then be responsible to give his complaint to the sheriff, in order to be served on the tenant.  If the tenant does not appear at the hearing, default judgment will be issued in favor of the landlord, so a tenant who feels like he has a case ought not to miss it.  Shortly after the hearing, the court will make it’s decision.

 

If in favor of the landlord, the tenant will be ordered to leave, and will be forced to do so by the local sheriff if he still refuses.  The amount of time the tenant will be given to move varies, and will be set by the court.

 

 

FAQ – Q& A

If the cause for eviction can be resolved by making repairs or paying damages is the landlord required to give the tenant a certain period of time to fix the problem?

Generally, if the tenant can solve all of the problems prior to the court making a decision, the eviction will not be able to proceed.  If, on the other hand, he tries to do so afterwards, it will be up to the landlord to accept it or not.

Can a landlord evict a tenant for having a pet?

Yes, if it is against the terms of the lease.  It will be the landlord’s burden to prove to the court that it is a significant enough violation to warrant eviction.

What happens after a tenant contests and wins and eviction case in court?

A tenant who wins an eviction action will not be forced to move.  He will be permitted to stay until the original lease term ends.

Can a tenant be evicted if the landlord wants to use the unit himself?

No.  A tenant cannot be evicted before the end of the lease except for violating it or doing damage to the premises in some significant way.  A landlord may not evict a tenant simply at his whim.

Is it legal for a landlord to demand unpaid rent for the remainder of the lease term?

Only through the court, which alone can order the tenant to pay back rent or other such costs.

The landlord or the tenant may end a week-to-week oral or written rental agreement (tenancy) by sending a written notice (like the copy of section 56c in the appendix) by first class (regular) mail to the other party. It must be postmarked more than ten days before the specified termination date. A month to month tenancy or any periodic (specified time) tenancy of more than a month but less than a year may be terminated by the same type of notice (section 56c) mailed first class, and postmarked more than 30 days before the given termination date. A year-to-year tenancy can be terminated by the aforementioned notice, mailed first class, and postmarked more than three months before the end of the year’s term.

An elderly (age 65 or older) tenant may terminate a written lease agreement if entering a residential care/assisted living facility (defined under RIGL 23-17.4-2), a nursing facility, or a private or public housing complex designated by the federal government as housing for the elderly.

According to RIGL 34-18-15 (e) the tenant may give the written termination notice to the usual person receiving the rent. Proof of admission or pending admission into the mentioned facility or complex must accompany the notice. A specific termination date must be stated in the notice which has to be forty five days (or more) after the next rental payment due date. Tenants with monthly agreements still follow the 30 day procedure for month to month tenancies.

 

 

Security Deposits and Other Prepayments

A landlord can take a security deposit from a tenant at the beginning of a new rental term but it cannot exceed one month’s rent. Taking a greater sum subjects the landlord to a possible suit under section 56f of the “Act”. The deposit must be returned within twenty days after the tenant gives proper notice, moves out, returns the key, and provides a forwarding address. When returning the deposit, the landlord must send the tenant an itemized notice listing any legal deductions withheld from the money being returned. Such deductions can only be for unpaid rent (not future rent that might be legally owed), and physical damages other than ordinary wear and tear.

If the landlord fails to comply with the law concerning the return of a security deposit, the court may require a damage payment to the tenant of twice the amount illegally withheld, plus attorney fees. When rental property is sold, security money should be transferred to the new owner since it is this individual who will be held legally responsible for the return of funds when the tenant moves.

Separate amounts of money can be requested from a new tenant for prepaid rents, etc. Since the State law does not specifically govern such payments, disputes must be settled in Small Claims Court or through a civil court action like any other monetary dispute or by bringing an action in the local district court by filling out and submitting a Landlord-Tenant Complaint form (see section 56f under form titles in appendix).

At or before the time a tenant moves into a new unit, the landlord must provide the name, address, and phone number of the person owning or legally responsible for managing the rental premises and to whom legal notices and court orders should be sent. This information must be kept current or the person failing to do so automatically becomes responsible for receiving/sending all notices and demands. In such a case, this person would also be responsible for all other landlord obligations and agreements to the tenant as well. A landlord who is not a residenti of this state shall designate and conintue to have an agent who is a resident of this state or a corporation authorized to do business in this state. Written designation of the agent’s name and address must be filed with the secretary of state and with the clerk of the town or city where the dwelling unit is located. Failure to comply with these requirements (under RIGL 34-18-22.e will result in both a fine and rent abatement until such compliance occurs.

 

 

Maintaining Premises

Landlords must comply with state building code (RIGL 23-27.3) requirements concerning all new construction, additions, or repairs that are done or are needed. It is also extremely important that rental units be kept in a continually fit and habitable condition. When a unit is initially rented and during any period of occupancy, state law requires that a unit meet the housing standards of the Rhode Island Housing Maintenance and Occupancy Code (RIGL 45-24.3), as well as local related ordinances. If a unit is sub-standard and repairs are not made in a prompt and satisfactory manner, there are certain options available to the tenant under the Residential Landlord and Tenant Act as well as under the aforementioned housing code laws.

The landlord is responsible for maintaining all common areas both inside and outside the dwelling. It is also the landlord’s responsibility to make sure all electrical, plumbing, sanitary, heating, and other facilities (and appliances provided as part of the rental agreement) are kept in operable condition and meet housing code standards. The landlord must provide rubbish containers (or other storage facilities) for occupants if there are four or more rental units in the dwelling. He or she is also obligated to provide hot and cold running water at all times and must provide heat (68 degrees minimum but it may be higher under some local ordinances) between October 1st and May 1st, except when heat or hot water are generated by an installation controlled solely by the tenant and supplied directly by a public utility connection.

Generally, minor repairs of a structural nature are the responsibility of the landlord (if needed as a result of normal wear and tear) as well as all major repairs. As will be mentioned elsewhere, certain minor repairs, as well as cleanliness, and repairs needed as a result of the tenant’s (or guest’s) negligence or purposeful destruction are usually the tenant’s responsibility. There can be a written agreement made between a landlord and a tenant which allows the tenant to do specified repairs, maintenance, alterations, and remodeling. But such an agreement must be made in good faith, in writing, signed by both parties, and supported by adequate compensation. The agreement cannot be made so the landlord can avoid his or her responsibility under applicable building and housing codes, nor does it in any way diminish or affect the landlord’s obligation to other tenants on the premises.

Duty to Notify Tenant of Violation Within 30 days of getting a housing code violation notice from the state or municipality, a landlord must send copies to affected tenants, unless violations have been corrected to the satisfaction of the housing code inspector. By law, a landlord must inform a prospective tenant of any outstanding housing code violations which exist on the building where the rental is going to be.

Access A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant’s rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (Failure to maintain) or 40 (Remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurrences, or terminate the rental agreement (see 5A).

If a request for access has been properly made, the tenant must allow reasonable entry or negotiate an alternative time. If the tenant refuses lawful access, the landlord can seek an injunction to compel access or terminate the rental agreement.

Actual damages incurred plus court costs and attorney’s fees may be sought if either party has to take court action over aforementioned access problems.

 

Eviction for Failure to Pay Rent

If the tenant fails to pay the rent within 15 days of the time it is normally due, the landlord can send a written notice (similar to section 56a of the “Act”) telling the tenant the specific amount overdue must be paid in 5 days of the notice mailing or the rental agreement will end and the landlord will go to court to evict the tenant.*  Find Court Forms in Rhode Island

If the landlord doesn’t receive the overdue rent within the allotted time, he or she may file a section 56d “Complaint for Eviction for Nonpayment of Rent” form in the local district court.

Copies of the eviction complaint, a RIGL 34-18 section 56g court summons and a section 56j tenant answer form are then given by the court clerk to the landlord to be sent by first-class mail to the tenant. Copies are also served on the tenant by a court sheriff. If there is a reason the eviction shouldn’t take place the answer form should be filled out and copies should be sent to the landlord/lawyer and the court before the hearing. The tenant should attend the hearing and ask to be heard to provide his or her defense as stated in the answer form. The eviction may also be stopped by paying the back rent, up to or at the hearing. This option to pay after a court eviction action has been started is not allowed tenants who have received other 5-day late notices within the prior 6 months.

The court won’t allow an eviction for non-payment if there is evidence an attempt to make full payment was legally made but refused by the landlord. Therefore, tenants should keep returned checks, cash, etc., to show an attempt was made to pay, if in fact, this was true.

*Acceptance of partial payment of rent does not waive the landlord’s right to seek the remaining amount or to proceed with normal eviction procedure for “nonpayment of rent.”

 

 

Eviction for Failure to Abide by Rental Agreement

If the tenant fails to abide by the rental agreement and the breach is substantial, the landlord should send a written notice (similar to section 56b of the “Act”) to the tenant pointing out the specific problem and what the tenant must do (make certain changes, repairs, payments, etc.), to remedy the situation. The landlord must also specify that the problem must be remedied within 20 days of the notice mailing or the rental agreement will end on the 21st day (or later if so stated).

If the tenant does not take care of the situation by the given date, the landlord can file an action with the local district court using the section 56e form of the “Act” entitled, “Complaint for Eviction for Reason Other Than Nonpayment of Rent.”

If the same violation of the rental agreement has occurred within the prior 6 months, the landlord can simply end the rental agreement with a 20-day written notice, specifying the breach and the termination date. No allowance for time to make changes, repairs, payments, etc., is required in this situation.

The landlord does not have to send the tenant any notice of noncompliance if the tenant has violated section 24 (8), (9), or (10) of the “Act”. These subsections concern a tenant being involved with illegal narcotics, other controlled substances, any crime of violence in the rental unit or on the premises, or if any of these activities occur on adjacent public property and the tenant is proven to be involved. In such a case, the landlord can file an immediate eviction complaint at the local district court using the RIGL 34-18-56e form as provided by the court clerk.

 

Eviction for Unlawful Possession of Unit After Rental Term Ends.

If the tenant continues to stay in a rental unit without the consent of the landlord after the rental term is legally over, or after the date either the landlord or tenant has previously given in a legal notice as a termination date of the tenancy, or due to a breach of the tenant’s obligations concerning drugs, controlled substances or acts of violence, the landlord may start an eviction action. This action may be taken in the local district court as of the first day of the unlawful holdover by requesting and filling out form section 56e of the “Act”, entitled, “Complaint for Eviction for Reason Other Than Nonpayment of Rent.” The section 56h summons that will be sent to the tenant with a copy of the complaint will provide 20 days from the date served for filing an answer. After this time, a hearing will be held and the court will make a decision on the eviction. The tenant may be evicted and fined up to 3 months rent and attorney’s fees if the court finds the tenant’s failure to move was willful (see definition on page 2) and not in good faith. A landlord could use this procedure to evict if a roommate or someone else who was not involved in the rental agreement continued to stay after the original tenant left.

 

Remedies for Abandonment

If the tenant abandons (see definition on page 1) the rental unit, the landlord must take certain steps to recover and re-rent the unit. The first thing the landlord must do is send a certified letter (return receipt requested) to the tenant’s last known address stating a reply must be received in 7 days or the unit will be re-rented. If the notice is returned undelivered or the tenant fails to contact the landlord within 7 days, the landlord can attempt to re-rent the unit for a reasonable rental amount. The former tenant will not be held responsible for rent for any time after re-rental. If the landlord fails to make an honest attempt to re-rent, or accepts the abandonment, the rental agreement ends as of the time the landlord has notice of the abandonment.

If any personal possessions of value are left in the rental unit, the landlord should carefully store them in a safe place for a “reasonable” amount of time to be returned to the (former) tenant without restrictions if the tenant requests them back. A “good faith” effort should be made to contact the former tenant and copies of correspondence or records of contact attempts should be kept for future reference if needed.

 

 

Waiver of Right to Terminate If the landlord accepts rent knowing the tenant has violated or strayed from the conditions of the rental agreement, the right to end the agreement for that particular situation is waived unless the landlord sends the tenant a written notice within 10 days stating acceptance of the rent does not waive the right to seek legal remedies for the issue in question.

Remedy After Termination Once a rental agreement has been legally terminated by proper notice, the landlord has the right to take appropriate court action to: regain possession of the rental unit; get rent payments owed; and make claim for actual damages that might have occurred if the tenant violated the rental agreement. The landlord can also seek attorney’s fees from the court

Recovery of Possession Limited A landlord can’t take possession of a rental unit by “self help” methods such as moving a tenant out against his or her will (or having someone else move the tenant’s belongings out), stopping or reducing existing services to the tenant (except in case of abandonment, or as otherwise permitted by the “Act”), forcing the tenant out by threats, or changing the locks for the rental unit (or exterior access). This does not protect individuals who may move into vacant apartments without owner permission. Since this is illegal, the police should be contacted to deal with such trespassers.

 

There are four major written notices which must be used for certain occurrences prior to any other action that may be necessary. Forms for three of these notices are reproduced on the following pages as they appear under subsections 56a, b, and c of the “Act”. Subsection 56c has been written in two versions. The first is as it appears in the “Act” (worded for landlord use), then as in a suggested form as a valid guide for tenant use. These forms can be copied for use “as is” or (like 56c for tenants) used as a guide in covering necessary information. The fourth major notice concerns rent increases. There is no form provided for this notice under section 56. Legal requirements under RIGL 34-18-16.1 simply state that a minimum thirty-day written notice must be given a tenant prior to the effective date of any intended rental increase. Although not stated it may be assumed that the effective date of a rent increase cannot predate the expiration of a current rental term. Landlords or tenants may wish to seek legal opinions on this issue, especially as concerning notice needed regarding increases under rent “escalator clauses” which occur in many longer term leases for utility or tax increases.

 

Serve the Tenant: FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT 

file the Complaint and summons file this and make your payment to the Courts /Clerk of Courts in the county where your Apt is located in your State