Rhode Island Non-Payment of Rent Notice Overview
Rhode Island requires a 5-day notice to pay rent or quit under R.I. Gen. Laws §34-18-35 before filing for eviction. However, this 5-day notice can only be served after the mandatory 15-day grace period expires, giving tenants an effective minimum of 20 days from the rent due date before eviction can be filed.
Rhode Island evictions are filed in the District Court. Providence County handles the highest volume. Rhode Island's 15-day grace period is one of the longer statutory grace periods in New England. The state's Residential Landlord and Tenant Act provides a comprehensive framework for the landlord-tenant relationship.
5 Days
Notice period
$95
Avg. filing fee
Yes
Right to cure
3-5 wks
Court process
Rhode Island's 5-Day Notice Requirement
Under R.I. Gen. Laws §34-18-35, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Rhode Island provides a 15-day grace period before late fees or eviction proceedings can begin. The 5-day notice can only be served after the grace period expires, making the effective minimum 20 days from rent due date. Rhode Island also requires landlords to notify tenants of their rights under the Residential Landlord and Tenant Act.
Rhode Island: 15-Day Grace Period Before 5-Day Notice
Under R.I. Gen. Laws §34-18-15, Rhode Island provides a 15-day grace period for rent before any late fees can be charged or eviction process begun. The 5-day notice can only be served after this grace period expires. Effective minimum from rent due date to filing: 20 days. Rhode Island also requires landlords to provide tenants with a copy of the Residential Landlord and Tenant Act.
Rhode Island Legal Requirements (R.I. Gen. Laws §34-18-35)
For the notice to be valid under Rhode Island law, it must meet specific requirements established by statute and interpreted by Rhode Island courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Rhode Island law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Rhode Island Grace Period & Late Fee Rules
15-day grace period under R.I. Gen. Laws §34-18-15. Understanding Rhode Island's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap but must wait until after 15-day grace period. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Rhode Island law.
Rhode Island Late Fee Quick Reference
Grace Period
15-day grace period under R.
Late Fee Rule
No statutory cap but must wait until after 15-day grace period.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Rhode Island
Rhode Island law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Rhode Island courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Rhode Island courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Rhode Island District Court. Include the original notice and proof of service with your filing.
Rhode Island Non-Payment Eviction Timeline
The Rhode Island eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Rent due date + 15-day grace period | Day 16 |
| Serve 5-Day Notice to Pay or Quit | Day 16 |
| Notice expires | Day 21 |
| File complaint in District Court | Day 21-23 |
| Summons served | Day 23-30 |
| Court hearing | Day 30-40 |
| Execution of judgment | Day 35-48 |
Total: 3-5 weeks from filing (5-7 weeks from rent due date). Providence is busiest. Contested cases add 2-4 weeks.
Rhode Island Eviction Filing Fees & Costs
Filing fees for eviction actions in Rhode Island vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $80 - $120 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $50 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal (if needed) | $100 - $250 |
Sample Rhode Island 5-Day Non-Payment Notice
Below is a preview of our Rhode Island-specific non-payment notice. The final document includes all statutory language required under R.I. Gen. Laws §34-18-35 and is formatted for Rhode Island court proceedings.
FIVE (5) DAY NOTICE TO PAY RENT OR QUIT
STATE OF RHODE ISLAND
Pursuant to R.I. Gen. Laws §34-18-35
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Rhode Island Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
RHODE ISLAND STATUTORY NOTICE:
You have FIVE (5) DAYS from service to pay the full amount of rent or quit. The 15-day grace period under R.I. law has expired. If you fail to comply, the landlord will file for eviction in Rhode Island District Court.