Rhode Island Eviction Notice Requirements
In Rhode Island, once any part of the rent is 15 days in arrears, the landlord must mail a 5-day demand notice. If the tenant does not pay all rent in arrears within 5 days of the date the notice was mailed, the rental agreement ends and the landlord may file for eviction, but no earlier than the sixth day after mailing. For a material lease violation, the notice gives the tenant 20 days to fix the problem. A month-to-month tenancy ends with at least 30 days' written notice.
The 5-day demand should be substantially in the form set out in R.I.G.L. § 34-18-56, stating the amount of rent in arrears and that paying all of it within 5 days of mailing prevents the eviction. A lease-violation notice must describe the breach, say what the tenant must do to remedy it within 20 days of mailing, and give a termination date at least 21 days after mailing. If substantially the same breach recurs within six months, the landlord may end the tenancy on 20 days' written notice without a chance to cure.
If the tenant does not pay, cure, or leave, the landlord files a complaint for eviction in the district court or housing court, and the summons sets a hearing. The tenant can raise defenses at the hearing, including a legal reason for not paying. Rhode Island law prohibits a landlord from taking possession by self-help, including by cutting off heat, water, electricity, gas, or other essential services, and a tenant who is unlawfully removed can recover damages.
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Rhode Island: common questions
When can a Rhode Island landlord send a 5-day demand for rent?
When any part of the rent is 15 days in arrears. The landlord mails a written demand. If the tenant pays all rent in arrears within 5 days of the mailing date, the rental agreement does not end on that demand, and the eviction case cannot be filed before the sixth day after mailing.
What notice is needed for a lease violation in Rhode Island?
Under R.I.G.L. § 34-18-36, the landlord mails a written notice describing the material noncompliance and what is needed to fix it, stating that the agreement will end on a date at least 21 days after mailing unless the breach is remedied within 20 days. If it is fixed in time, the tenancy continues.
How much notice ends a month-to-month tenancy in Rhode Island?
At least 30 days' written notice before the termination date, under R.I.G.L. § 34-18-37. A week-to-week tenancy needs 10 days, and a year-to-year tenancy needs 3 months before the end of the year.
Can a Rhode Island tenant stop an eviction by paying?
A tenant can cure by paying the full rent owed before the case is filed. If the tenant has not received a 5-day demand in the prior six months, the tenant can also cure after filing by paying all rent in arrears plus court costs at the hearing.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Rhode Island | 5 days | 20 days | 30 days |
| Connecticut | 3 days | 15 days | See statute |
| Massachusetts | 14 days | See statute | See statute |
| Alabama | See statute | See statute | 30 days |
| Alaska | 7 days | 10 days | 30 days |
| Arizona | 5 days | 10 days | 30 days |
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