Everything You Must Know About RI Eviction Laws

Landlord Protection Everything You Must Know About RI Eviction Laws

How to Protect Yourself Under Rhode Island Eviction Laws

Receiving an eviction notice can be one of the most frightening experiences, making you fear you will be forced out of your home. Before you panic, know that  that protect tenants. In fact, Rhode Island's laws are some of the more balanced in the country, offering fair protections for both landlords and renters.

Learning what your renters' rights are and what to do if your landlord is threatening to evict you can help you stay in your home. Eviction laws are there to protect both sides, so you'll need to carefully follow the rules to fight an eviction. DoNotPay's Landlord Protection tools can help you along the way.

Eviction Laws in Rhode Island

 are part of the larger group of landlord-tenant laws and spell out when and how landlords can evict tenants. These laws also specify how much notice tenants must be given. Even tenants without a lease have protections under these laws.

Reasons You Can Be Evicted in Rhode Island

 In Rhode Island, landlords can evict tenants for three main reasons:

  • Unpaid rent
  • Violating terms of the lease
  • Illegal activity on the rented property

Note that you can be evicted in Rhode Island even if you don't have a written lease. But you must be given notice before eviction proceedings can begin, specifically a minimum of:

  • 10 days if you rent week to week
  • 30 days if you rent month to month
  • 90 days if you rent year to year

Fighting a Wrongful Eviction in RI?

Landlords must have a legally acceptable reason to evict someone, and discriminatory evictions are prohibited by state and federal laws, such as evictions based on age, race, gender, disability, and other protected characteristics.

Landlords are also forbidden from performing "self-help evictions" such as changing the locks, shutting off utilities, removing your belongings, or threatening and harassing you. If you think your landlord is performing an , you have an excellent chance of successfully fighting the eviction.

How Does Eviction Work in Rhode Island?

 specify how the eviction process should go, depending on the reason for the eviction.

Rhode Island Eviction Process for Unpaid Rent

If you have not paid the rent, your landlord has the right to evict you. Here's how that process goes;

  1. Your landlord must give you a 15-day grace period to pay the rent after the due date.
  2. If you have not paid the rent within the 15 days, your landlord can issue you a 5-day Notice to Pay or Quit, meaning you have five days in which to pay what you owe or move out.
  3. If you pay or move out, the process stops here.
  4. If you do not pay or move out, your landlord may file an eviction lawsuit against you, giving you five days' notice before the hearing. Hearings for unpaid rent evictions are held on the ninth day after the lawsuit is filed.
  5. If you want to attend the eviction hearing in court, you will need to file a written "answer" to your landlord's notice of the hearing. You can do that at any point from when you receive notice of the hearing through doing it at the hearing itself.
  6. If the judge rules against you, you can appeal the results within five days.
  7. Unless your appeal is successful, a Writ of Execution will be issued six days after the lawsuit is decided. Your landlord provides this document to the sheriff, who will come to evict you forcibly. You have until the sheriff arrives to move your belongings (and yourself) out.

Rhode Island Eviction Process for Violating the Lease

If you have violated the terms of your lease, your landlord may have the right to evict you. Typically, these kinds of violations include having unauthorized people living with you, damaging the property, or letting trash collect inside rather than disposing of it properly.

Illegal acts are likely also a violation of your lease terms, but there's a separate process for those issues. Here's how that process goes;

  1. Your landlord must give you written notice of the violation and give you a chance (at least 20 days) to correct the problem.
  2. If you fix the problem, your landlord should not proceed with the eviction.
  3. If you do not fix the problem or move out, your landlord can begin eviction proceedings after that 20-day period, and you will have the opportunity to be heard in court for the eviction lawsuit.
  4. If you want to attend the eviction hearing in court, you will need to file a written "answer" to your landlord's notice of the hearing. You must do that within 20 days after the eviction lawsuit has been filed.
  5. Note that if you violate your lease in the same way within six months of the previous violation, your landlord may terminate your lease, giving you 20 days to move out.
  6. If the judge rules against you, you can appeal the results within five days.
  7. Unless your appeal is successful, a Writ of Execution will be issued six days after the lawsuit is decided. Your landlord provides this document to the sheriff, who will come to evict you forcibly. You have until the sheriff arrives to move your belongings (and yourself) out.

Rhode Island Eviction Process for Illegal Activity

Landlords don't need to give you any notice of eviction if you are involved in illegal activity on the property you rent. Common illegal activities that would trigger an eviction include drug dealing, assault, and other serious crimes. The eviction process for illegal activity is

  1. Your landlord may file an eviction lawsuit against you, against which you have the opportunity to defend yourself in court.
  2. The results of the eviction lawsuit and any possible criminal charges will determine how things turn out.

Do Landlords Need to Give Warning Before Evicting You?

Yes, your landlord must give you notice before evicting you, except when your eviction is the result of illegal activity. In Rhode Island, the timing of the notice and when your landlord can start the eviction process depends on the reason for the eviction. If your landlord tries to evict you without giving the required notice, you may have grounds to appeal the eviction.

What if You Move Out Before Being Evicted?

If you move out before an eviction lawsuit is filed, the eviction obviously cannot proceed since you're already gone. Your landlord may still sue you for unpaid rent or send the bill for it to collections, both of which may appear on your credit report or background check results.

Sue Your Landlord With DoNotPay

If you feel you are being unfairly evicted or have other landlord problems, you can sue your landlord over your security deposit, unmade repairs, and other problems.

What Happens to Your Security Deposit if You Are Evicted?

Most likely, you will not get your security deposit back if you are evicted. If you are being evicted for unpaid rent, your landlord may use the security deposit to make up some of that unpaid rent. If you are current on your rent but are being evicted for another reason, your landlord can use your security deposit to cover the cost of the eviction, including repairing damages and paying court and legal fees. DoNotPay can help you get your security deposit back if you think you're entitled to it.

How to Fight Your Rhode Island Eviction on Your Own

Your options for fighting your eviction depend mostly on the reason you are being evicted, any mistakes your landlord may have made, or problems with the property itself.

Options for Fighting Your Eviction

Your eviction fight can take several approaches depending on your situation:

Move out.If you move out before formal eviction proceedings take place, the eviction process will stop.
Talk with your landlord.Your landlord may not want to go through the hassle of eviction either, so try to work things out. Perhaps you can work out a payment plan for the rent you owe or develop an alternative solution that works for both of you.
Correct the reason for your eviction.Whether it's paying back the rent you owe, kicking out an unauthorized tenant, or finding a new home for a pet you're not allowed to have, fixing the problem can stop the eviction process.
Defend yourself.At the eviction hearing, you have the opportunity to defend yourself against the landlord's claims. Examples of defenses include:

  • If you're being evicted for unpaid rent. It may be because you've withheld it until repairs are made, so your home is safe and livable. Note that there are specific guidelines for when this is legally an option.
  • If your landlord does not have proof of damage to the property or other lease violations. A judge may rule in your favor, especially if you can show proof that the claims are incorrect.
  • You may not be evicted if your landlord is doing so in a discriminatory way, such as because of your race, gender, religion, and more.
File an appeal.If the eviction has already been decided against you in the courts, but you feel it wasn't a fair decision, you can appeal that decision.

All of these approaches require you to carefully read through any correspondence or messages from your landlord or legal authorities. You must meet all requirements and deadlines in the eviction process to ensure your defense efforts aren't dismissed on a technicality.

DoNotPay Can Help You Fight Your Eviction in Rhode Island

If you don't want to hire an attorney, but you do want to fight your eviction, you'll need to ensure you have a legally sound reason that you shouldn't be evicted, and you'll need to make sure you meet any legal requirements and deadlines. The process can be complicated. But you can make it as straightforward as possible by enlisting the help of DoNotPay.

How to Fight Your Eviction With DoNotPay

These four easy steps can help you fight your Rhode Island eviction:

  1. Search for and open the Landlord Protection product on DoNotPay.

     

  2. Select which issue applies to you.

     

  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

     

  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

You should hear back from your landlord directly once your demands are sent.

Why Use DoNotPay to Fight Eviction in RI?

People just like you rely on DoNotPay every day to solve their problems because it's:

  • Easy — We do the hard work. You just need to answer a few questions.
  • Fast — You don't need to take the time to figure out complicated schedules or tedious paperwork.
  • Proven Successful — DoNotPay has a track record of success and solutions that work for RI tenants.

DoNotPay Can Help With All Kinds of Landlord-Tenant Issues

In addition to helping you fight an eviction, DoNotPay can help with other landlord-tenant problems, including

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