How to evict a tenant in Rhode Island: steps and timeline

What notice does Rhode Island require?

Under R.I. Gen. Laws 34-18-35(a), if any part of the stipulated rent is due and in arrears for fifteen days, you send a written notice in a form substantially similar to the one in 34-18-56(a). It must specify the amount of rent that is fifteen days in arrears, demand the rent, and tell the tenant that unless the tenant cures within five days of the date of mailing, the rental agreement will terminate and you will start an eviction action in the district court or housing court.

For a material noncompliance with the lease, or a violation of the tenant's duties under 34-18-24 that materially affects health and safety, 34-18-36(a) requires a written demand notice in the form in 34-18-56(b). It must list the acts or omissions, the acts, repairs or payments needed to fix the breach, and say that unless the breach is remedied within twenty days of mailing the agreement will terminate on a specified date not less than twenty-one days after mailing. If the tenant fixes the breach before that date the agreement does not end, except for violations of 34-18-24(8), (9) or (10), and if the same breach recurs within six months you may end the agreement on at least twenty days' written notice with no time to fix it. For violations of 34-18-24(8), (9) or (10), and for certain seasonal tenants charged with ordinance violations, no notice is required before you file (34-18-36(f)).

A week-to-week tenancy ends with a written notice delivered at least ten days before the termination date, a month-to-month tenancy and other periodic tenancies of more than a month but less than a year with notice at least thirty days before, and a year-to-year tenancy with at least three months' notice before the end of the occupation year (34-18-37).

Can the tenant stop the case by paying?

Yes. Section 34-18-35(e) gives the tenant the right to cure by tendering the full rent before you start the suit. If the tenant did not receive a demand notice in the six months before you filed, the tenant may also cure after the suit starts by paying the full arrears plus court costs at the hearing. A tenant who did get a demand notice in the prior six months has no post-filing right to cure under this subsection. If the tenant's nonpayment was willful and a demand notice went out in the prior six months, you may also recover a reasonable attorney's fee (34-18-35(d)).

How does the court case work and how fast is it?

For nonpayment, you file a "Complaint for Eviction for Nonpayment of Rent" no earlier than the sixth day after mailing the demand notice (34-18-35(b)). Under 34-18-10(a), when you file, the clerk enters the hearing date on the summons, fourteen to twenty-four days after filing. On the same day you mail the summons, complaint, hearing date and a blank answer form to the tenant by first class mail and file proof of service. You deliver the original summons and copies to the division of sheriffs or a constable in the county, who serves them by handing them to the tenant, leaving them with a person of suitable age and discretion living in the unit, or, if no one is found, posting them conspicuously on the door. The tenant must be served no less than five days before the hearing. If the tenant files an answer and starts discovery and shows good cause, the court may continue the hearing and order interim rent to be paid in the meantime (34-18-35(d)).

For other breaches and for holdovers, you file a "Complaint for Eviction for Reason Other Than for Nonpayment of Rent" no earlier than the first day after the termination date (34-18-36(b) and 34-18-38). The summons gives the tenant twenty days from service to answer, and the court assigns the hearing under its own rules. A holdover that is willful and not in good faith can also bring up to three months' rent or threefold actual damages, whichever is greater, plus attorney's fees (34-18-38(c)). The statute pages I read do not set a deadline for the writ after judgment, so ask the clerk of the court that handles your case.

Which mistakes cost a Rhode Island landlord time?

• Sending the demand before rent is fifteen days in arrears. The statute starts the clock at fifteen days.
• Filing on the fifth day. The complaint cannot be filed before the sixth day after the demand notice is mailed.
• Writing your own notice instead of using a form substantially like 34-18-56(a) or (b).
• Forgetting that the tenant can cure at the hearing when no demand notice went out in the prior six months, and then asking for a judgment anyway.

Example a made-up landlord mails the demand notice on Monday, November 16, 2026, when November rent is 15 days in arrears. The tenant has five days from mailing, until Saturday, November 21. The earliest filing day is the sixth day after mailing, Sunday, November 22, so the first working day is Monday, November 23. If the complaint is filed that day, the clerk sets a hearing between Monday, December 7 and Thursday, December 17, 2026, and the tenant must be served at least five days before it.

What can a Rhode Island landlord never do?

Section 34-18-34 says that if a landlord unlawfully removes or excludes the tenant, or willfully interrupts heat, running water, hot water, electric, gas or another essential service, the tenant may recover possession or terminate the rental agreement and, either way, recover up to three months' periodic rent or threefold the actual damages, whichever is greater, plus reasonable attorney's fees. Use the court process.

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

1. R.I. Gen. Laws 34-18-35 (Eviction for nonpayment of rent), read Oct 30, 2026
2. R.I. Gen. Laws 34-18-36 (Eviction for noncompliance with rental agreement), read Oct 30, 2026
3. R.I. Gen. Laws 34-18-10 (Service of process), read Oct 30, 2026
4. R.I. Gen. Laws 34-18-34, 34-18-37 and 34-18-38 (Unlawful ouster; periodic tenancy; holdover), read Oct 30, 2026

Questions

How many days notice do I give a Rhode Island tenant who is behind on rent?

Once rent is 15 days in arrears, you mail a written demand notice and the tenant has five days from mailing to cure (R.I. Gen. Laws 34-18-35). You may file no earlier than the sixth day after mailing.

How soon is the hearing in a Rhode Island nonpayment eviction?

The clerk sets it fourteen to twenty-four days after you file, and the tenant must be served at least five days before it (34-18-10).

Can a Rhode Island tenant pay and stay after I file?

If the tenant had no demand notice in the six months before you filed, yes: the tenant can pay the full arrears and court costs at the hearing (34-18-35(e)).