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By Landlord Eviction Notice
The Rhode Island Eviction Notice is used by a landlord to send a notice to a tenant to vacate and deliver a rental property explaining reasons of evictions due to breach in tenancy. The Rhode Island eviction notice pdf form is customizable to indicate a 3 day eviction notice, 5 day eviction notice, 30 day eviction notice and so onA 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.
If you’re a landlord seeking to evict a tenant, use a Rhode Island (RI) eviction notice to begin the process. Your eviction notice must be written according to Rhode Island state law, and give your tenant the legally required amount of time to respond or move out.
In Rhode Island, eviction lawsuits are governed by Chapter 34-18 of the State of Rhode Island General Laws.
Eviction notices in Rhode Island are also known as:
Rhode Island Demand Notice for Payment of Rent
Rhode Island Notice to Vacate
Rhode Island Notice to Quit
Rhode Island Lease TerminationA Rhode Island eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Rhode Island.
Types of Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Rhode Island law, rent is considered late the day after it’s due. However, landlords may not give tenants a Notice to Pay until rent is 15 days past-due.
Once rent is 15 days past-due, the landlord must provide tenants with a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include:
The total amount of past-due rent owed;
The deadline by which the tenant must pay the past-due amount in order to avoid eviction;
The date the rental agreement will terminate if past-due rent is not paid; and
A statement that the landlord may file a lawsuit in the district or housing court (as appropriate) if rent is not paid by the deadline.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
What is a Rhode Island Eviction Notice?
A Rhode Island eviction notice is a written notice used by a landlord or property manager when the tenant fails to comply with the lease. It tells them how long they have to correct the lease violation or vacate the property (curable violation). All Rhode Island eviction notices must comply with Rhode Island landlord-tenant laws as well as with federal housing laws. Eviction notices are commonly called notices to quit. An eviction notice must be issued in almost all instances before a landlord may file an eviction complaint against the renter.
Rhode Island Eviction Notice Types
A legal eviction in Rhode Island can only be made for anumber of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct RI legal contracts, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
5-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
20-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 20-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 20 days, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
24-Hour Notice to Quit (Illegal Activity)
A 24-Hour notice to quit can be used for tenants that engage in illegal activities which pose an immediate threat. This type of behavior cannot be cured by the tenant, and they will have to vacate the property immediately.
Rhode Island Eviction Laws
You can only evict someone in Rhode Island if they’ve committed a legally valid breach of the lease under RI statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
Rhode Island Eviction Notices
Rhode Island eviction notices are used by landlords as a means to inform tenants of an impending lease termination. Defined in each notice will be the reasoning behind the termination (e.g., non-payment of rent, illegal activity, unsanctioned occupants) and the actions which must be taken by the tenant to avoid legal proceedings. Depending on the cause of termination, the tenant must respond by either paying the total amount of rent owed, curing a lease violation, or vacating the rental property. The tenant will have a prescribed period in which they must comply; a period of five (5) days is required for the non-payment of rent, twenty (20) days for all other violations, and thirty (30) days for month-to-month lease termination. If the tenant does not adhere to the notice terms within the designated period, the landlord must file a Forcible Entry and Detainer action (a.k.a. an eviction lawsuit) with the district court.
Rhode Island eviction forms must comply with the lease and all laws, or else they may be subject to eviction. To evict a tenant, property owners must follow a specific legal process. If either landlord or tenant have any questions regarding their rights they should review the Landlord-Tenant Handbook.
For any eviction in Rhode Island, landlords must first give the tenant notice. If the tenant has not paid rent 15 days after it is due, the landlord may give the tenant a notice stating the rent must be paid within five days or else the landlord will file an eviction.
For violations of the lease, landlords must give 20 days’ notice before filing the eviction. The notice must state that the tenant can remedy the violation during that time. In either case, the notice must state how much rent is due or which violation should be corrected. If the tenant has committed one of various drug crimes, the landlord may pursue eviction with no notice.
2. Summons and Complaint
The property owner may proceed to file an eviction if the tenant did not correct the violation, pay the rent, or move out. See List of All District Courts.
For Non-Payment of Rent
For Lease Violation
For Non-Payment of Rent
For Lease Violation
The Summons and Complaint will inform the tenant and owner of the time and place where the eviction hearing will be held. If the eviction is for failure to pay rent, the tenant is not required to file an Answer, but he or she may do so in order to obtain copies of all the landlord’s evidence against him or her. The tenant should also file an Answer if he or she wishes to present counterclaims.
For any other type of eviction, the tenant must file an Answer or the tenant will lose the eviction.
3. Court Hearing
The hearing requires the landlord to prove that the tenant failed to pay rent or violated the lease without correcting the issue, and that notice was properly served. Thus, the tenant could have the case dismissed if the landlord did not write legally required information in the notice, such as the violation or amount of rent due. Both parties may present any evidence relevant to their case. The tenant, for example, may present bank records showing he or she paid rent.
If the judge rules for the landlord, the judge will issue a Writ of Restitution. This Writ will allow the sheriff to forcibly remove the tenant after a designated period.
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