Rhode Island Eviction Notice Overview
Rhode Island uses a 5-day notice for non-payment of rent under R.I.G.L. Section 34-18-35. The notice must demand payment within 5 days. Evictions are filed in District Court as summary proceedings. Providence and Pawtucket process the highest volume of filings.
Understanding the correct notice period is critical for Rhode Island landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Rhode Island statutory requirements before serving any eviction notice.
5 days
Actual notice period
$60 - $110
Court filing fee
District
Court type
4-8 Wks
Total process
R.I.G.L. Section 34-18-35: Rhode Island's 5-Day Notice Requirement
Rhode Island Is a True 5-Day Notice State
Rhode Island explicitly requires a 5-day notice for non-payment of rent under R.I.G.L. Section 34-18-35. This is the correct notice period for Rhode Island landlords dealing with tenants who have failed to pay rent when due.
Rhode Island is among the states that use a genuine 5-day notice period for non-payment, alongside Arizona, Delaware, Hawaii, Illinois, Oklahoma, and others. The 5-day notice requirement in Rhode Island applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Rhode Island law.
The 5-day notice period applies specifically to non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Rhode Island law. Always verify the specific notice type needed for your situation.
Rhode Island Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Rhode Island District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Rhode Island county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 5 days period to pay or vacate as required by R.I.G.L. Section 34-18-35
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 5 days clock
How to Serve an Eviction Notice in Rhode Island
Proper service of the eviction notice is essential under Rhode Island law. District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Rhode Island courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Rhode Island courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 5 days period expires without payment or vacancy, file the eviction complaint at the District Court in the jurisdiction where the property is located.
Rhode Island Eviction Timeline
The eviction process in Rhode Island follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 4-8 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 5 days notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Rhode Island and can expose the landlord to substantial liability.
Rhode Island Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Rhode Island. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $60 - $110 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Rhode Island Eviction Notice
Below is a preview of the Rhode Island-specific eviction notice using the correct 5 days notice period required by R.I.G.L. Section 34-18-35.
NOTICE TO PAY RENT OR QUIT
STATE OF RHODE ISLAND
Pursuant to R.I.G.L. Section 34-18-35
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Rhode Island Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to R.I.G.L. Section 34-18-35, you have 5 DAYS from the date of service to pay the total amount due or surrender possession.
RHODE ISLAND COMPLIANCE
This notice complies with Rhode Island law under R.I.G.L. Section 34-18-35. The 5-day period is the statutory requirement for non-payment of rent in Rhode Island.