Rhode Island eviction notice and late fee rules

Notice for unpaid rent

5 days — When rent is 15 days in arrears, the landlord must send a written notice demanding the rent and stating that unless the tenant cures within 5 days of the date the notice is mailed, the rental agreement terminates and the landlord will start an eviction action.

Ending a month-to-month tenancy

Either party may end a month-to-month tenancy (or other periodic tenancy longer than a month and shorter than a year) by written notice delivered at least 30 days before the date in the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

When rent is 15 days in arrears, the landlord must send a written notice demanding the rent and stating that unless the tenant cures within 5 days of the date the notice is mailed, the rental agreement terminates and the landlord will start an eviction action.

“If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent, and notifying the tenant that unless he or she cures the breach within five (5) days of the date of mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an eviction action in the appropriate district court or housing court.”
R.I. Gen. Laws § 34-18-35(a)

If the tenant does not pay the rent in arrears within 5 days of mailing, the eviction action may be filed no earlier than the sixth day after the demand notice was mailed.

“If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within five (5) days of the date of mailing of the notice, the landlord may commence an eviction action against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written demand notice.”
R.I. Gen. Laws § 34-18-35(b)

Paying to stop an eviction

The tenant may cure by paying the full rent before suit is filed. If the tenant has not received a nonpayment notice in the 6 months before filing, the tenant may also cure after suit is filed by paying the full rent in arrears plus court costs at the hearing.

“The tenant shall have the right to cure his or her failure to pay rent by tendering the full amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to subsection (a) of this section within the six (6) months immediately preceding the filing of the action, the tenant shall have the right to cure his or her failure to pay rent after commencement of suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing.”
R.I. Gen. Laws § 34-18-35(e)

Except for violations of § 34-18-24(8), (9), or (10), if the tenant adequately remedies the breach before the date in the notice, the rental agreement does not terminate.

“Unless it is a violation of § 34-18-24(8), (9), or (10), if the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate.”
R.I. Gen. Laws § 34-18-36(b)

Notice for other lease violations

For a material noncompliance with the rental agreement (or with § 34-18-24 materially affecting health and safety), the landlord's written notice must state that unless the breach is remedied within 20 days of mailing, the agreement terminates on a specified date not less than 21 days after mailing.

“That unless the breach is remedied within twenty (20) days of mailing of the notice the rental agreement shall terminate upon a specified date, which shall not be less than twenty-one (21) days after the mailing of the notice.”
R.I. Gen. Laws § 34-18-36(a)(3)

If substantially the same noncompliance recurs within 6 months after a good-faith notice, the landlord may terminate on at least 20 days' written notice with no time to remedy.

“If substantially the same act or omission which constituted a prior noncompliance, of which good faith notice was given, recurs within six (6) months, the landlord may terminate the rental agreement upon at least twenty (20) days’ written notice, specifying the breach and the date of termination of the rental agreement. No allowance of time to remedy noncompliance shall be required.”
R.I. Gen. Laws § 34-18-36(e)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week tenancy by written notice delivered at least 10 days before the termination date in the notice.

“The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice.”
R.I. Gen. Laws § 34-18-37(a)

Either party may end a month-to-month tenancy (or other periodic tenancy longer than a month and shorter than a year) by written notice delivered at least 30 days before the date in the notice.

“The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice.”
R.I. Gen. Laws § 34-18-37(b)

Lockouts and utility shutoffs

A landlord may not take possession by action or otherwise, including by interrupting heat, running water, hot water, electric, gas, or other essential service, except for abandonment, surrender, or as the chapter permits.

“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.”
R.I. Gen. Laws § 34-18-44

For an unlawful removal, exclusion, or willful interruption of essential services, the tenant may recover possession or terminate the agreement and recover up to three months' periodic rent or three times actual damages, whichever is greater, plus reasonable attorney's fees.

“If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees.”
R.I. Gen. Laws § 34-18-34

Retaliation

A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant complained to a code-enforcement agency, complained to the landlord under § 34-18-22, joined a tenants' union, or used other lawful rights.

“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because:”
R.I. Gen. Laws § 34-18-46(a)

Evidence of a complaint within 6 months before the alleged retaliation creates a presumption that the landlord's conduct was retaliatory.

“In an action by or against the tenant, evidence of a complaint within six (6) months before the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation.”
R.I. Gen. Laws § 34-18-46(b)

What the notice must say and how it is delivered

Under the chapter's general notice rule, a person receives a notice when it comes to their attention or when it is delivered in hand or sent by first class mail to the place they held out for receiving communications, or otherwise to their last known residence.

“It is delivered in hand or sent by first class mail to him or her at a place held out by him or her as the place for receipt of the communication, or in the absence of such designation, to his or her last known place of residence.”
R.I. Gen. Laws § 34-18-14(b)(2)

Court deadlines and the eviction case

In a nonpayment eviction, the summons states the hearing date and that the tenant may file and serve an answer before or at the hearing; a tenant who does not answer or appear will be defaulted.

“The summons shall specify that the defendant may file and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or appear at the hearing, he or she shall be defaulted.”
R.I. Gen. Laws § 34-18-35(c)

In an eviction for a reason other than nonpayment, the summons must state that the tenant has 20 days from service to file an answer or be defaulted.

“The summons shall be in the form provided in § 34-18-56(h) and shall specify that the tenant has twenty (20) days from the date of service in which to file his or her answer to the complaint, and that if he or she fails to file his or her answer within that time, he or she will be defaulted.”
R.I. Gen. Laws § 34-18-36(c)

Late fees and grace periods

If fees beyond the rent apply to a unit, the lease must disclose them in the same section as the rent disclosure and indicate that additional fees may apply.

“If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose those fees in the same section as the rent disclosure and shall indicate that additional fees may apply.”
R.I. Gen. Laws § 34-18-15(a)(1), (a)(5)

If the landlord does not make the required fee, utility, and renters-insurance disclosures, the tenant may recover any fees paid that were not disclosed as required.

“If a landlord fails to comply with subsections (a)(1) — (a)(4) of this section, the tenant may recover any fees paid for the unit that were not disclosed as required.”
R.I. Gen. Laws § 34-18-15(a)(5)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Rhode Island rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Rhode Island have to give for unpaid rent?

When rent is 15 days in arrears, the landlord must send a written notice demanding the rent and stating that unless the tenant cures within 5 days of the date the notice is mailed, the rental agreement terminates and the landlord will start an eviction action. (R.I. Gen. Laws § 34-18-35(a)).

How much notice is needed to end a month-to-month tenancy in Rhode Island?

Either party may end a month-to-month tenancy (or other periodic tenancy longer than a month and shorter than a year) by written notice delivered at least 30 days before the date in the notice. (R.I. Gen. Laws § 34-18-37(b)).