Rhode Island Statewide Rule
Rhode Island Eviction Notice Requirements (R.I. Gen. Laws Sec. 34-18-35 and 34-18-36)
Key Facts
- Nonpayment
- Demand after 15 days arrears; 5-day cure (Sec. 34-18-35)
- For-cause breach
- 20-day cure notice (Sec. 34-18-36)
- Suit timing (nonpayment)
- No earlier than 6th day after mailing
- Self-help eviction
- Prohibited; court process required
Summary
For nonpayment, R.I. Gen. Laws Sec. 34-18-35 lets a landlord send a demand only after rent is 15 days in arrears, then the tenant has 5 days from mailing to cure before the lease terminates. For other lease violations, Sec. 34-18-36 requires a written demand giving the tenant 20 days to remedy the breach.
§ 34-18-36. Eviction for noncompliance with rental agreement. (a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 34-18-24 materially affecting health and safety, the landlord shall deliver a written demand notice to the tenant, in a form substantially similar to that provided in § 34-18-56(b), specifying: (1) The acts and/or omissions constituting the breach of the rental agreement or of § 34-18-24; (2) The acts, repairs, or payment of damages, which are necessary to remedy the breach; and (3) That unless the breach is remedied within twenty (20) days of mailing of the notice the rental agreement shall terminate upon a specified date, which shall not be less than twenty-one (21) days after the mailing of the notice.
Full Breakdown
Under R.I. Gen. Laws Sec. 34-18-35, when rent is 'due and in arrears for fifteen (15) days,' the landlord sends written notice demanding the rent and 'notifying the tenant that unless he or she cures the breach within five (5) days of the date of mailing of the notice, the rental agreement shall terminate'; suit may not be filed before the sixth day after mailing. For a non-rent breach, Sec. 34-18-36 requires a written demand stating 'that unless the breach is remedied within twenty (20) days of mailing of the notice the rental agreement shall terminate' on a date at least 21 days after mailing. If the tenant cures within the period, the tenancy continues; otherwise the landlord files for eviction. Self-help eviction is prohibited.
Violations & Penalties
A landlord who uses self-help (lockout, utility shutoff, or removing belongings) instead of court eviction is liable; the tenant may recover possession plus actual damages of not less than an amount equal to one month's periodic rent and reasonable attorney's fees under the Act.
Frequently Asked Questions
How many days is an eviction notice in Rhode Island?
Can a Rhode Island landlord evict without going to court?
Sources
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