How to Evict a Tenant in Rhode Island

As a landlord in Rhode Island, eviction should always be your last resort. It’s better to communicate openly with your tenant to resolve issues before they escalate. But when rent goes unpaid or the lease is violated, you may need to take legal action under Rhode Island’s Residential Landlord and Tenant Act (R.I. Gen. Laws § 34-18).

Below, we outline the steps you must take to legally evict a tenant in Rhode Island.

Rhode Island Eviction Steps

 

These are the seven steps you’ll take if you need to evict a tenant in Rhode Island.

1. Serve the Appropriate Eviction Notice

The eviction process in Rhode Island starts with giving your tenant the proper written notice. The notice type and time period depend on the reason for eviction.

Common Rhode Island eviction notices include:

• 5-Day Demand Notice for Nonpayment of Rent – used when rent is overdue. The tenant has five days to pay or move out.
• 20-Day Notice to Terminate Tenancy – used to end a month-to-month tenancy for reasons other than nonpayment.
• Immediate Notice to Quit – used for severe lease violations such as illegal activity or significant property damage.

You can deliver the notice in person or send it by certified mail with a return receipt. Rhode Island requires proof of delivery, so keep documentation of when and how the notice was sent.

2. File a Complaint for Eviction

If the tenant doesn’t comply with the notice, your next step is to file a Complaint for Eviction for Nonpayment of Rent or Possession of Premises in Rhode Island District Court (or the Housing Court in Providence).

You’ll need:

• A completed complaint form
• A copy of the written notice and proof of service
• A copy of the lease or rental agreement
• Payment for the filing fee (usually around $80–$120)

Once filed, the court clerk will issue a Summons and Complaint and schedule a hearing, typically within 9 to 12 days.

3. Serve the Tenant with the Summons and Complaint

After filing, you must serve the tenant with both the Summons and Complaint. This gives the tenant official notice of the court hearing and an opportunity to respond.

Rhode Island requires:

• Service to occur at least five days before the court date.
• A sheriff, constable, or authorized process server to handle service.
• Proof of service to be filed with the court before the hearing.

Improper or late service can delay your eviction, so make sure all steps are completed correctly.

4. Attend the Court Hearing

At the hearing, both you and your tenant can present your sides of the case. Bring all relevant documents, including the lease, payment records, communication logs, and the eviction notice.

Be prepared to:

• Clearly explain why you are seeking eviction.
• Provide evidence that the tenant received the proper notice.
• Respond to any defenses or claims from the tenant.

If the tenant does not show up, the court may grant a default judgment in your favor.

5. Obtain a Judgment for Possession

If the court rules in your favor, you’ll receive a Judgment for Possession that legally restores control of the property to you. The judgment may also include unpaid rent, court costs, or attorney fees.

Important details:

• The tenant has five days to file an appeal or vacate the property.
• You cannot remove the tenant or belongings yourself.
• Only a sheriff or constable can enforce the court’s order.

Wait for the court to issue a Writ of Execution before taking the next step.

6. Enforce the Eviction with a Writ of Execution

If the tenant does not leave voluntarily within five days, request a Writ of Execution from the District Court or Housing Court. This writ authorizes law enforcement to remove the tenant and return possession to you.

Here’s how it works:

• The writ is served by a sheriff or constable.
• The officer schedules a lockout, typically within a few business days.
• You must be present during the lockout and change the locks immediately after.

Under Rhode Island law, landlords cannot perform “self-help” evictions. Shutting off utilities, removing belongings, or changing locks without a court order is illegal.

7. Handle the Tenant’s Personal Property

If the tenant leaves belongings behind, Rhode Island law (R.I. Gen. Laws § 34-18-48) requires landlords to store abandoned property for at least 20 days after the writ is executed.

Follow these steps:

• Store items in a secure, safe location.
• Send written notice to the tenant’s last known address describing how to retrieve their property.
• You may charge reasonable storage and removal costs.
• If the tenant does not claim the items within 20 days, you may sell or dispose of them.

Always keep a record of what was left and how it was handled.

Alternatives to Eviction in Rhode Island

Eviction can be stressful and costly. Before filing in court, consider one of these alternatives that may resolve the issue faster.

1. Offer a Cash for Keys Agreement

You can offer the tenant a lump sum payment to vacate voluntarily. It saves time and legal fees and often results in a faster move-out. Document the agreement in writing with a clear deadline.

2. Renegotiate Lease Terms

If your tenant is going through a financial hardship, consider a payment plan or a temporary rent reduction. Document all changes in writing and have both parties sign the agreement.

3. Try Mediation

The Rhode Island Judiciary and local housing organizations offer free or low-cost mediation programs to help landlords and tenants reach mutual agreements without court involvement.

4. Let the Lease Expire

If you’re dealing with a month-to-month tenant, you can allow the lease to end naturally by providing a 30-day written notice to vacate, as required by state law.

5. Offer a Payment Plan

For rent-related issues, a structured payment plan can help your tenant catch up while keeping your property occupied. Outline the terms clearly in writing.

Rhode Island Eviction Frequently Asked Questions

If you’ve never handled an eviction before, here are answers to some of the most common questions about the Rhode Island process.

Can I evict a tenant in Rhode Island without a written lease?

Yes. Verbal agreements are recognized under Rhode Island law, but you must still follow proper notice and court procedures.

How long does the eviction process take in Rhode Island?

Most evictions take 3–6 weeks, depending on the court’s schedule and whether the tenant contests the case.

Can I accept partial rent and still evict?

If you accept any rent after serving a 5-day notice, you may have to start the process over unless you have a written agreement stating that payment does not waive your right to evict.

Do I need an attorney for eviction?

No, landlords can represent themselves in District Court or Housing Court. However, hiring an attorney is recommended for complex or contested cases.

Can I evict a tenant in winter?

Yes. Rhode Island law does not provide seasonal eviction protections, though courts may allow short delays around major holidays or extreme weather.

What happens if the tenant damages the property?

You can deduct repair costs from the security deposit or sue the tenant for additional damages under R.I. Gen. Laws § 34-18-19.

Final Word

With these steps, you now understand how to evict a tenant in Rhode Island legally and responsibly.

If the eviction process has become more trouble than it’s worth, consider selling your Rhode Island rental property. It could be the best way to regain peace of mind and focus on new opportunities.