Eviction process for rhode island
Step 1
Serve tenant
Step 2
Fill at courthouse
Step 3
Tenant files answer
Step 4
Court Hearing
Step 5
Writ of Execution
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Overview
Evictions are time consuming, stressful, and downright agenizing. It’s even worse for landlords that are not familiar with the eviction process. Information is very hard to come by and due to the COVID-19 protocol, you might find yourself having to schedule an appointment just to speak with someone in regard to going about the eviction process. There are several forms that needs to be filled out and submitted to various departments during the eviction process. We want to provide everyone the step-by-step process and forms needed to print, complete, and summit at the appropiate department.
The basic steps of Evictions are:
- Serving your tenant(s) a notice
- Filing a complaint with the court
- Your tenant summitting an answer form
- Writ of Execution
- Reclaiming your property
How long does the entire Eviction Process take?
Let’s start with the best-case scenario. After serving you tenant a notice indicating that the lease has been breached, and requesting them to vacate the premises, begins the eviction process. In some cases, tenants agree to leave within the 30-day period. When the tenant leaves, that ends the eviction process.
Fortunately, in these cases, these types of tenants understand the repercussions of going through the court. Evictions that go through the court will show on their background check, which can make it difficult for said tenant to find a new place to rent. Some people want to avoid that, so they sometimes vacate the premise after the initial notice is served.
However, those tenants that don’t want to vacate the property and want to contest the eviction, that process can take anywhere from 1 month to 6 months.
If you witness any illegal activities (Drugs, violent crimes, Drug distrubution, etc.), you will be able to evict that tenant IMMEDIATELY. Make sure you notify the authorities and get a copy of the police report for your records.
Eviction Process breakdown
There are several types of notices you can serve based on the situation with the tenant. We strongly suggest that you give them a copy of the notice in person as well as mail it via certified mail. This is that you are certain your tenant received the notice. One you mail it via certified mail, you can use the receipt of the mail when you file the lawsuit in step 2.
5-day notice to pay rent or quit
This notice can be served to tenant who are 15 days late paying their rent. By law, this cannot be served beforehand. This form explains to the tenant that they have 5 calendar days from the day the notice was served to pay their rent (either partial or full), or they will need to vacate the premises.
Download “5-day notice to pay or quit” here.
30-Day Notice to Quit
This is used on tenants that are on a month-to-month lease. By law, you must serve them at least a 30-day notice. It cannot be shorter than that.
20-Day Notice to Cure or Vacate
This form is for tenants who violates any terms in their lease or any legal responsibilities as a tenant. This notice is to make your tenant aware that they have 20 calendar days to fix the violation(s). If the issues are not fixed in that time, the lease will be immediately terminated, and must move out immediately.
Download “20-Day Notice to Cure or Vacate
Immediate Notice to Quit
If catch a tenant participating in any illegal activities, you can immediately file a complaint to the district court. For this scenario, refer to step 2.
If the tenant doesn’t oblige by the obligation stipulated in the notices given to them (5-day or 20-day) notice, you can begin the process of the lawsuit.
For Non-payment of rent tenants:
You will need to fill out and submit the following:
- Compliant for non-payment of rent form.
- A copy of the 5-day notice and/or the receipt of the certified mail.
- Answer defendant/tenant form. You will need to fill out the plaintiff/landlord information.
- A copy of the Language Assistance Notice. You can bring the English, Cambodian, Spanish, or Portuguese form.
The cost to file the Complaint is $80. Cash and debit card are accepted. They will charge an additional 3.45% for credit card.
The court will mail your tenant the Answer Form. they will have up until the court date to submit the form.
You will receive a letter from the court letting you know your court date, which should be approximately 9 days from when you filled the lawsuit.
You and your tenant will be able to plead each other’s case. The judge usually rules in minutes
If the tenant doesn’t show up for the hearing, you will get a default judgement.
If the judge rules in your favor, head down to the clerk’s office. There you will be given the “Writ of execution”.
Keep in mind that the tenant has the right to appeal. The timeframe for the appeal is 5 days after the ruling.
If there is an appeal filed, you case will be brought in front of the state supreme court. The final ruling will be made there.
After receiving the writ of execution, you will now need to bring it to your sheriff’s department. Submit the writ along with a fee not to exceeding $50.
The sheriff department will find a time to serve your tenant the writ. The writ will let the tenant know that they need to vacate the premises immediately.
It is best to check up on the status of the sheriff to know when they will be at your property to force the tenant out.
The sheriff will meet you at the property to force the tenant out. You should have a locksmith on standby in case the tenant changed the locks. After the tenant is completely removed from the property, you can immediately change the locks preventing your previous tenant from accessing your property.