Rhode Island Eviction Notice Forms
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Rhode Island eviction forms must comply with the lease and all laws, or else they may be subject to eviction. To evict a tenant, property owners must follow a specific legal process. If either landlord or tenant have any questions regarding their rights they should review the Landlord-Tenant Handbook.
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1. Notice
For any eviction in Rhode Island, landlords must first give the tenant notice. If the tenant has not paid rent 15 days after it is due, the landlord may give the tenant a notice stating the rent must be paid within five days or else the landlord will file an eviction.
For violations of the lease, landlords must give 20 days’ notice before filing the eviction. The notice must state that the tenant can remedy the violation during that time. In either case, the notice must state how much rent is due or which violation should be corrected. If the tenant has committed one of various drug crimes, the landlord may pursue eviction with no notice.
2. Summons and Complaint
The property owner may proceed to file an eviction if the tenant did not correct the violation, pay the rent, or move out. See List of All District Courts.
The Summons and Complaint will inform the tenant and owner of the time and place where the eviction hearing will be held. If the eviction is for failure to pay rent, the tenant is not required to file an Answer, but he or she may do so in order to obtain copies of all the landlord’s evidence against him or her. The tenant should also file an Answer if he or she wishes to present counterclaims.
For any other type of eviction, the tenant must file an Answer or the tenant will lose the eviction.
3. Court Hearing
The hearing requires the landlord to prove that the tenant failed to pay rent or violated the lease without correcting the issue, and that notice was properly served. Thus, the tenant could have the case dismissed if the landlord did not write legally required information in the notice, such as the violation or amount of rent due. Both parties may present any evidence relevant to their case. The tenant, for example, may present bank records showing he or she paid rent.
If the judge rules for the landlord, the judge will issue a Writ of Restitution. This Writ will allow the sheriff to forcibly remove the tenant after a designated period.
Sources
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