Outline of the Eviction Process in Rhode Island

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct).
  • End of lease term (fixed-term or tenancy-at-will).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Law: R.I. Gen. Laws § 34-18 (Residential Landlord and Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 20-day notice to cure (if curable) or vacate.
  • Tenancy-at-will: 30-day notice to terminate.
  • No-fault/end of lease: 30-day (month-to-month) or 90-day (e.g., owner occupancy).
• Delivery: Hand-delivered, certified mail, or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 20 days).

3. Filing the Eviction Case

• File Complaint for Eviction in District or Superior Court.
• Documents: Complaint (Form DC-20), Notice to Quit, lease, proof of service.
• Fee: ~$80–$150 (varies by court).
• Timing: After notice period expires.

4. Serving the Summons and Complaint

• Sheriff or constable serves papers 5 days before hearing.
• Includes hearing date and answer deadline (within 5 days).
• Tenant must file answer to contest eviction.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Judgment for Possession if landlord wins.
• Appeal: 5 days (non-payment) or 2 days (other cases).
• Execution: Sheriff serves 48-hour notice to vacate (~7–10 days post-judgment).

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (30 days).
• Tenant can reclaim property by paying storage costs.
• Law: R.I. Gen. Laws § 34-18-46.

8. Tenant Protections

• Rights:
  • Cure violations, habitability defenses, anti-retaliation protections.
• Resources:
  • Rhode Island Legal Services (401-274-2652), courts.ri.gov, HelpRI.org.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: R.I. Gen. Laws § 34-18; courts.ri.gov; helpri.org.