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Eviction Process

Eviction Process In Rhode Island

By
Updated August 6, 2026
13 min read
Eviction Process In Rhode Island

Evicting a tenant in Rhode Island means following eviction action in District Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Rhode Island's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

In Rhode Island, a residential landlord seeking to remove a tenant files an 'eviction action' in the District Court. The action is governed by the Residential Landlord and Tenant Act, R.I. Gen. Laws Title 34, Chapter 34-18, together with execution and appeal provisions in Title 9 and the District Court's own civil rules.

  • The District Court has inherent power over residential landlord/tenant matters, including evictions, with no jurisdictional dollar-amount limit. (Courts.ri.gov, District Court Landlord/Tenant page)
  • Eviction of residential tenants is governed substantively by R.I. Gen. Laws Title 34, Chapter 34-18, the Residential Landlord and Tenant Act. (R.I. Gen. Laws Chapter 34-18)
  • Rhode Island's official District Court complaint forms use two distinct case types: 'Complaint for Eviction for Non-Payment of Rent' (form DC-54) and 'Complaint for Eviction for Reason Other Than Non-Payment of Rent' (form DC-38), which covers noncompliance and holdover grounds. (DC-54 (revised July 2025); DC-38 (revised July 2025))
  • Execution (removal) after judgment is issued by the District Court and directed to the division of sheriffs or a certified constable; an execution issued under this chapter remains in force for one year. (R.I. Gen. Laws § 34-18-48)

Lawful Grounds For Eviction

Rhode Island recognizes three main lawful grounds for residential eviction: nonpayment of rent, noncompliance with the rental agreement or statutory tenant duties, and unlawfully holding over after the tenancy ends. Additional just-cause protection applies to tenants in foreclosed properties.

  • A landlord may evict for nonpayment of rent when any part of the stipulated rent is due and in arrears for 15 days or more. (R.I. Gen. Laws § 34-18-35)
  • A landlord may evict for noncompliance with the rental agreement or with the tenant's statutory obligations under § 34-18-24 (e.g., housing code compliance, cleanliness, no damage to premises, no disturbance of neighbors) if the tenant does not remedy the breach after notice. (R.I. Gen. Laws §§ 34-18-36, 34-18-24)
  • A landlord may evict a tenant who unlawfully holds over in possession after the termination or expiration of the tenancy. (R.I. Gen. Laws § 34-18-38)
  • For serious violations under § 34-18-24(8)-(10), specifically maintaining a narcotics nuisance, manufacturing/selling/delivering Schedule I or II controlled substances, or committing a crime of violence on the premises or adjacent public property, the landlord is not required to send a notice of noncompliance before filing for eviction. (R.I. Gen. Laws § 34-18-36)
  • A foreclosing owner of residential property may not evict a tenant except for just cause, unless a binding purchase-and-sale agreement has been executed with a bona fide third-party purchaser. (R.I. Gen. Laws § 34-18-38.2)

Notice Requirements

Rhode Island law prescribes specific statutory notice forms for each ground for eviction, with the exact required content set out in § 34-18-56.

  • Five-Day Demand Notice for Nonpayment of Rent: sent once rent is more than 15 days in arrears; must state the amount in arrears, demand payment, and warn that the rental agreement will terminate and an eviction action may follow unless the tenant cures within 5 days of the date of mailing; the notice must be sent by first-class mail and the landlord must certify the mailing. (R.I. Gen. Laws §§ 34-18-35, 34-18-56(a))
  • Notice of Noncompliance: must describe the specific breach and the remedial action required, give the tenant 20 days from the date of mailing to cure, and state a termination date that is not less than 21 days after mailing; the notice must also warn that a second notice on the same issue within 6 months eliminates the tenant's right to cure. (R.I. Gen. Laws §§ 34-18-36, 34-18-56(b))
  • Notice of Termination of Tenancy: used to end a periodic tenancy; must state the address of the premises, direct the tenant to vacate and remove belongings by the first day after the current rental period ends, require continued rent payment until that date, and warn that failure to vacate can lead to eviction without further notice. (R.I. Gen. Laws §§ 34-18-37, 34-18-56(c))
  • The notice period to terminate a periodic tenancy varies by tenancy type: at least 30 days for a month-to-month or other periodic tenancy of more than a week but less than a year, at least 10 days for a week-to-week tenancy, and at least 3 months before the end of the occupation year for a year-to-year tenancy. (R.I. Gen. Laws § 34-18-37)

Filing The Case

Eviction complaints are filed in the District Court division where the rental property is located, using the state's official complaint forms.

  • Cases are filed in one of the District Court's four divisions, based on the location of the rental premises: 2nd Division (Murray Judicial Complex, Newport), 3rd Division (Noel Judicial Complex, Warwick), 4th Division (McGrath Judicial Complex, Wakefield), or 6th Division (Garrahy Judicial Complex, Providence). (DC-54 (revised July 2025))
  • The official complaint form for a nonpayment case is DC-54, 'Complaint for Eviction for Non-Payment of Rent' (revised July 2025), citing R.I. Gen. Laws § 34-18-35. (Form DC-54 (revised July 2025))
  • The official complaint form for noncompliance or holdover cases is DC-38, 'Complaint for Eviction for Reason Other Than Non-Payment of Rent' (revised July 2025), citing R.I. Gen. Laws §§ 34-18-36 and 34-18-38. (Form DC-38 (revised July 2025))
  • Corporations, including property management companies, must be represented by an attorney to file or appear on an eviction case; the District Court's own guidance directs non-owner property managers to consult an attorney before filing or appearing in court. (District Court Landlord/Tenant FAQ)

Serving The Tenant

Service in eviction cases must be made by a sheriff or constable, using methods specified in the Residential Landlord and Tenant Act, with a minimum gap required before the hearing.

  • The summons and complaint must be served by the division of sheriffs or a constable of the county in which the court is located. (R.I. Gen. Laws § 34-18-10)
  • For nonpayment actions (§ 34-18-35) and other eviction actions (§§ 34-18-36, 34-18-38), permitted service methods are: handing the papers to the defendant; leaving them at the defendant's dwelling unit with a person of suitable age and discretion residing there; or, if no one is found, posting them conspicuously on the door of the defendant's dwelling unit. (R.I. Gen. Laws § 34-18-10)
  • All other actions under Chapter 34-18 not specifically covered by the above must be served in accordance with Rule 4 of the District Court Civil Rules or another applicable court rule. (R.I. Gen. Laws § 34-18-10)
  • The hearing must be set between 14 and 24 days after the complaint is filed, and the defendant must be served no less than 5 days before the hearing date; the serving officer must file proof of service (manner, day, hour, and place) with the court at or before the hearing. (R.I. Gen. Laws § 34-18-10)

The Tenant's Response

Tenants respond using the District Court's official Answer form, and Rhode Island law and the court's own form set out several statutory and equitable defenses.

  • The tenant's response is filed on official form DC-53, 'Answer Defendant/Tenant' (revised January 2023). (Form DC-53 (revised January 2023))
  • In a holdover eviction action, the summons must inform the tenant that they have 20 days from the date of service to file an answer; failure to answer within that time results in default judgment for the landlord. (R.I. Gen. Laws § 34-18-38)
  • The official Answer form (DC-53) lists these checkbox defenses: the landlord refused a valid rent tender and the tenant remains able and willing to pay; the landlord failed to maintain the premises in a fit and habitable condition; the tenant has another legally justifiable reason for not paying; the tenant holds an unexpired written lease; the tenant did not receive the required notice before the complaint was served; or the landlord is retaliating against the tenant for exercising legal rights, such as calling code enforcement. (Form DC-53 (revised January 2023))
  • Retaliatory conduct by a landlord, including raising rent, decreasing services, or bringing an eviction action because a tenant complained to a governmental agency, requested repairs, or joined a tenant organization, is a distinct statutory defense. (R.I. Gen. Laws § 34-18-46)

Hearing And Judgment

Hearings are scheduled shortly after filing, and the judgment for possession can also include a money award for rent owed.

  • The hearing must be scheduled between 14 and 24 days after the complaint is filed. (R.I. Gen. Laws § 34-18-10)
  • For nonpayment cases specifically, the Clerk's Office assigns a hearing date 14 to 21 days from the filing of the eviction complaint. (District Court Landlord/Tenant FAQ)
  • Parties must bring all documents and other evidence supporting their case to the hearing; failure to do so may result in an adverse decision. (District Court Landlord/Tenant FAQ)
  • In a nonpayment case, the judgment sought and entered covers possession of the premises (eviction) plus back rent owed, together with a fair rental value for use and occupation from the complaint date until entry of judgment, plus costs. (Form DC-54 (revised July 2025))
  • A tenant has 5 calendar days after the hearing, including Saturdays, Sundays, and holidays, to appeal the judgment to Superior Court, and must continue paying rent as it becomes due while the appeal is pending. (District Court Landlord/Tenant FAQ; R.I. Gen. Laws § 34-18-52)

The Writ And Lockout

The removal order in Rhode Island is called an execution (writ of execution/possession), enforced by a sheriff or certified constable; confirm any advance-notice requirements before the physical lockout with the enforcing officer or counsel.

  • The removal order is called an 'execution'; it is issued by the District Court and directed to the division of sheriffs or a certified constable for enforcement. (R.I. Gen. Laws § 34-18-48)
  • If no appeal is claimed and the judgment has not been satisfied, execution issues on the 6th day following judgment, and remains in force for one year from its date. (R.I. Gen. Laws § 34-18-48)
  • Where a judgment for possession is being enforced for nonpayment under an installment or stay arrangement, the landlord must file a motion in the issuing court and obtain a hearing with satisfactory proof of nonpayment before execution on that basis may issue; no appeal lies from that order. (R.I. Gen. Laws § 34-18-51)
  • When a tenant's personal property is removed from the premises under a court execution, the tenant must pay the full cost of moving the property and any prepaid storage charges before that property will be released to them. (R.I. Gen. Laws § 34-18-50)

Prohibited Practices

Self-help evictions, including lockouts and utility shutoffs, are illegal in Rhode Island, and the statute sets out tenant remedies and damages for violations, along with a separate prohibition on retaliatory evictions.

  • A landlord who unlawfully removes or excludes a tenant from the dwelling unit, or who willfully diminishes essential services such as heat, running water, hot water, electricity, or gas, is subject to statutory tenant remedies for unlawful ouster. (R.I. Gen. Laws § 34-18-34)
  • In response to an unlawful ouster or service diminution, a tenant may recover possession or terminate the rental agreement, and in either case may recover the greater of up to 3 months' periodic rent or 3 times actual damages, plus reasonable attorney's fees. (R.I. Gen. Laws § 34-18-34)
  • If the tenant terminates the rental agreement because of the landlord's unlawful ouster or service diminution, the landlord must return all recoverable security deposits and prepaid rent. (R.I. Gen. Laws § 34-18-34)
  • A landlord may not retaliate against a tenant, through a rent increase, a decrease in services, or an eviction action, because the tenant complained to a governmental agency about a code violation, requested repairs, or joined or organized a tenant organization. (R.I. Gen. Laws § 34-18-46)

Recent Changes Worth Tracking

  • The District Court's two core eviction complaint forms, DC-54 (Complaint for Eviction for Non-Payment of Rent) and DC-38 (Complaint for Eviction for Reason Other Than Non-Payment of Rent), both carry a 'revised July 2025' date on the current official versions posted by the Rhode Island Judiciary. (Forms DC-54 and DC-38 (revised July 2025))

Eviction is the last step in a relationship that's already gone wrong. See our guide to Rhode Island property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Rhode Island attorney, and confirm the current text of any rule cited above with District Court or the Rhode Island legislature.

Sources

Every fact above is drawn from one of the official sources below.

Frequently asked questions

What is the eviction process called in Rhode Island, and which court handles it?

In Rhode Island, a residential landlord seeking to remove a tenant files an 'eviction action' in the District Court. The action is governed by the Residential Landlord and Tenant Act, R.I. Gen. Laws Title 34, Chapter 34-18, together with execution and appeal provisions in Title 9 and the District Court's own civil rules.

How much notice does a landlord have to give before filing an eviction in Rhode Island?

For nonpayment, once rent is more than 15 days in arrears the landlord sends a Five-Day Demand Notice by first-class mail; an eviction may follow unless the tenant cures within 5 days of mailing. For a lease violation, the notice must give the tenant 20 days from mailing to cure and set a termination date at least 21 days after mailing. (R.I. Gen. Laws § 34-18-56 forms)

Can a landlord in Rhode Island change the locks or shut off utilities instead of going to court?

Self-help evictions, including lockouts and utility shutoffs, are illegal in Rhode Island, and the statute sets out tenant remedies and damages for violations, along with a separate prohibition on retaliatory evictions.

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