How to Evict a Tenant in Rhode Island (2026)
The legal steps for landlords in Rhode Island — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Rhode Island a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Once rent is 15 days in arrears, landlord may mail a written demand; tenant has 5 days from mailing to pay or the rental agreement terminates. Landlord may file no earlier than the 6th day after mailing. Source: R.I. Gen. Laws § 34-18-35 |
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| Lease violation | Written notice identifying the breach and the remedy, giving 20 days from mailing to cure and a termination date at least 21 days after mailing. Repeat of substantially the same breach within 6 months: at least 20 days' notice with no right to cure. No notice needed for violations of § 34-18-24(8)-(10). Source: R.I. Gen. Laws § 34-18-36 |
| Ending a month-to-month tenancy (no fault) | Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 10 days. Year-to-year: at least 3 months before the end of the year. Source: R.I. Gen. Laws § 34-18-37 |
Local rent-control or just-cause rules can limit evictions: No statewide rent control or cap on the amount of rent increases; only notice requirements (60 days; 120 days for month-to-month tenants over 62).
Step 2: Write and deliver the notice correctly
| What the notice must say | Once rent is 15 days in arrears, the landlord must send a written five-day demand notice substantially in the statutory form (34-18-56(a)): date of mailing, statement that the tenant is more than 15 days in arrears, the amount of rent in arrears, demand for payment, and that unless all arrears are paid within 5 days of mailing an eviction may be filed; it also tells the tenant defenses can be raised at the hearing. The form includes the landlord's certification of mailing by regular first-class U.S. mail. The eviction complaint may be filed no earlier than the 6th day after mailing. If no demand notice was sent within the prior 6 months, the tenant may cure at the hearing by paying all arrears plus court costs. |
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| How it must be delivered | Under the Act, a notice is received when it comes to the person's attention or is delivered by hand or sent by first-class mail to the address the person designated (otherwise, the last known residence). The 5-day nonpayment demand is mailed, and the cure period runs from the date of mailing. Termination notices must be written and substantially follow the statutory forms. No statute addresses email or text notices. |
Notice forms:
- Rhode Island notice to pay rent or quit — requirements and free draft
- Rhode Island notice to end a month-to-month tenancy — requirements and free draft
- Statutory Five-Day Demand Notice for Nonpayment of Rent; Notice of Noncompliance; Notice of Termination of Tenancy; eviction complaint and summons forms (R.I. Gen. Laws 34-18-56) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in Rhode Island are heard in: District Court (or applicable housing court).
- Notice: 5-day demand after rent is 15 days late (§ 34-18-35), 20-day breach notice (§ 34-18-36), or 30-day periodic termination notice (§ 34-18-37)
- File complaint in District Court on statutory forms (§ 34-18-56)
- Nonpayment: clerk sets hearing 14 to 24 days after filing; summons, complaint and blank answer mailed on filing day and served by sheriff/constable at least 5 days before hearing (§ 34-18-10(a))
- Tenant may answer before or at the hearing in nonpayment cases (§ 34-18-35); in breach/holdover cases the tenant has 20 days from service to answer (§ 34-18-36(c))
- Hearing and judgment for possession and damages
- If no appeal, execution may issue on the 6th day after judgment (§ 34-18-48)
- Execution carried out by the division of sheriffs or a certified constable
Court timing: Nonpayment: hearing 14-24 days after filing; answer at or before hearing. Other evictions: 20 days from service to answer.
Source: R.I. Gen. Laws §§ 34-18-10, 34-18-35, 34-18-36, 34-18-48
How long it takes to evict a tenant in Rhode Island
For unpaid rent, the notice period is 5 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Rhode Island
Court filing and service fees are set locally. Verified fees in the largest Rhode Island counties:
| County | Filing and service fees |
|---|---|
| Providence County (Providence) | $80 District Court civil filing fee, plus one-time $17.50 case processing fee (Tyler) and $3.25 technology surcharge; civil execution $20. Credit card payments add 3.25%. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 10 days. Year-to-year: at least 3 months before the end of the year. Source: R.I. Gen. Laws § 34-18-37 |
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Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction prohibited, including cutting heat, water, hot water, electricity, gas or other essential services. Tenant may recover possession or terminate, and recover the greater of up to 3 months' periodic rent or three times actual damages, plus reasonable attorney's fees. |
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| Retaliation | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a code-enforcement agency, complained to the landlord about maintenance violations, organized or joined a tenants' union, or exercised other lawful rights. Retaliation is presumed if the tenant complained within 6 months before the landlord's action. Source: R.I. Gen. Laws § 34-18-46 |
| Accepting rent after the notice | Yes, by statute. If the landlord accepts rent knowing the tenant is in default, or accepts performance that varies from the lease, the landlord waives the right to terminate for that breach unless the landlord gives written notice within 10 days. Accepting partial rent does not waive the unpaid balance, and acceptance does not waive the landlord's other remedies for the default. In a nonpayment case, the tenant may cure by paying the full rent before suit is filed. If the tenant has not received a demand notice in the previous 6 months, the tenant may also cure at the hearing by paying the arrears plus court costs. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Rhode Island eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Rhode Island?
Once rent is 15 days in arrears, landlord may mail a written demand; tenant has 5 days from mailing to pay or the rental agreement terminates. Landlord may file no earlier than the 6th day after mailing.
How much does it cost to evict a tenant in Rhode Island?
Court fees are set locally — for example, Providence County (Providence): $80 District Court civil filing fee, plus one-time $17.50 case processing fee (Tyler) and $3.25 technology surcharge; civil execution $20. Credit card payments add 3.25%.
Can a landlord change the locks to evict a tenant in Rhode Island?
Self-help eviction prohibited, including cutting heat, water, hot water, electricity, gas or other essential services. Tenant may recover possession or terminate, and recover the greater of up to 3 months' periodic rent or three times actual damages, plus reasonable attorney's fees.
How do you evict a tenant without a lease in Rhode Island?
Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 10 days. Year-to-year: at least 3 months before the end of the year.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.