Eviction Notice & Unlawful Detainer Complaint

RHODE ISLAND EVICTION NOTICE AND EVICTION COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Statutory Demand / Notice (5-Day Demand / 20-Day Noncompliance / Termination)
3. Part B — Certificate of Mailing / Service of Notice
4. Part C — Complaint for Eviction (R.I. Gen. Laws § 34-18-38)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. Rhode Island Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) the pre-suit statutory demand/notice required by the Rhode Island Residential Landlord and Tenant Act — the 5-Day Demand for Nonpayment (§ 34-18-35), the 20-Day Notice of Noncompliance (§ 34-18-36), or the Notice of Termination of Tenancy (§ 34-18-37) — and (b) the Complaint for Eviction filed in the District Court (or applicable Housing Court session) under § 34-18-38. The statutory notice language is prescribed by § 34-18-56; the notices in this package track that statutory form.

The District Court has jurisdiction over landlord/tenant matters with no jurisdictional dollar limit. Self-help eviction (lockouts, utility shutoffs, removing belongings) is prohibited; only a court judgment and execution may remove a tenant (see also § 34-18-44, willful diminution of services / unlawful exclusion).

Notice periods at a glance:

2. PART A — STATUTORY DEMAND / NOTICE (5-Day Demand / 20-Day Noncompliance / Termination)

[CHECK ONE — select the statutory notice]

• ☐ FIVE-DAY DEMAND FOR NONPAYMENT OF RENT (R.I. Gen. Laws § 34-18-35) — rent ≥ 15 days in arrears
• ☐ NOTICE OF NONCOMPLIANCE (R.I. Gen. Laws § 34-18-36) — 20 days to remedy
• ☐ NOTICE OF TERMINATION OF TENANCY (R.I. Gen. Laws § 34-18-37) — periodic tenancy

IF FIVE-DAY DEMAND FOR NONPAYMENT OF RENT (§ 34-18-35; form per § 34-18-56(a))

FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT — R.I.G.L. § 34-18-35

Date of Mailing: [__/__/____]

TO: [TENANT(S) FULL LEGAL NAME(S)], [PREMISES ADDRESS], [CITY], Rhode Island [ZIP]

You are now more than fifteen (15) days in arrears for some or all of the rent owed under your rental agreement. State law requires that you be sent this Notice of arrearage.

Unless you make payment of all rent in arrears within five (5) days of the date this notice was mailed to you, an eviction action may be instituted in court against you. You can prevent the eviction by paying all rent owing within five (5) days of the mailing of this notice.

If you believe you have a legal reason for not paying this rent, you will be able to present that defense at the eviction hearing. The rent in arrears as of the above date is $[____].

[________________________________]
(signature)

[________________________________]
(name and address of landlord/owner)

IF NOTICE OF NONCOMPLIANCE (§ 34-18-36; form per § 34-18-56(b))

NOTICE OF NONCOMPLIANCE — R.I.G.L. § 34-18-36

Date of Mailing: [__/__/____]

TO: [TENANT(S) FULL LEGAL NAME(S)], [PREMISES ADDRESS], [CITY], Rhode Island [ZIP]

You are in breach of your rental agreement, or of your legal duties under R.I.G.L. § 34-18-24, because you: [PROVIDE DETAILS OF THE NONCOMPLIANCE].

To remedy this situation you must do the following within twenty (20) days of the date of mailing of this Notice: [STATE THE REQUIRED REMEDY].

If you do not remedy this situation within twenty (20) days, your rental agreement will terminate without further notice on [__/__/____] (date, which must be not less than twenty-one (21) days from the date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your noncompliance if this is the second notice on the same subject within the past six months.) After that date an eviction case may begin in court, and you may be served with a complaint. You will have the right to a hearing and to present any defenses you believe you have.

[________________________________]
(signature)

[________________________________]
(name and address of landlord/owner)

IF NOTICE OF TERMINATION OF TENANCY (§ 34-18-37; form per § 34-18-56(c))

NOTICE OF TERMINATION OF TENANCY — R.I.G.L. § 34-18-37

Date of Mailing: [__/__/____]

TO: [TENANT(S) FULL LEGAL NAME(S)], [PREMISES ADDRESS], [CITY], Rhode Island [ZIP]

You are hereby directed to vacate and remove your property and personal possessions from the premises located at [PREMISES ADDRESS] and deliver control of the premises to the landlord/owner on the first day after the end of your current rental period, namely [__/__/____].

This notice is given for the purpose of terminating your tenancy. You must continue to pay rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment eviction action may be instituted against you. If you fail to vacate the premises by the date specified, an eviction may be instituted against you without further notice.

[________________________________]
(signature)

[________________________________]
(name and address of landlord/owner)

3. PART B — CERTIFICATE OF MAILING / SERVICE OF NOTICE

I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of the foregoing Notice, addressed to the tenant, on the [____] day of [________________], 20[____].

[________________________________]
(landlord or owner signature)

4. PART C — COMPLAINT FOR EVICTION (R.I. Gen. Laws § 34-18-38)

STATE OF RHODE ISLAND — DISTRICT COURT

[________________] DIVISION

Case No.: [________________________________]

COMPLAINT FOR EVICTION

☐ For Nonpayment of Rent (§ 34-18-35) ☐ For Reasons Other Than Nonpayment of Rent (§ 34-18-36 / § 34-18-37)

(R.I. Gen. Laws § 34-18-38; forms per § 34-18-56(d)/(f))

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental premises located at [ADDRESS], [CITY], Rhode Island [ZIP] (the "Premises"). The District Court has jurisdiction over this landlord/tenant matter under R.I. Gen. Laws § 34-18-38.

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per [month / week], payable in advance on the [____] day of each rental period.

3. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058.

COUNT I — POSSESSION / EVICTION

4. Plaintiff realleges paragraphs 1 through 3.

5. Defendant has [☐ failed to pay rent of $[____] which has been in arrears 15 days or more (§ 34-18-35) / ☐ failed to comply with a material term of the rental agreement or with § 34-18-24 duties as follows: ____________ (§ 34-18-36) / ☐ held over after termination of a periodic tenancy effective [__/__/____] (§ 34-18-37)].

6. On [__/__/____], Plaintiff sent to Defendant by first-class U.S. mail the statutorily required [Five-Day Demand for Nonpayment (§ 34-18-35) / Notice of Noncompliance (§ 34-18-36) / Notice of Termination (§ 34-18-37)], in substantially the form prescribed by § 34-18-56. A true and correct copy of the Notice and certificate of mailing is attached as Exhibit A.

7. [For nonpayment: This action is filed no earlier than the sixth (6th) day after mailing of the written demand, and Defendant failed to cure by paying the rent in arrears within five (5) days of mailing (§ 34-18-35(b)). / For noncompliance: More than the statutory period has elapsed and Defendant failed to remedy the noncompliance; the rental agreement terminated on [__/__/____] (§ 34-18-36). / For termination: Defendant has held over after the termination date in the notice.]

8. Defendant continues in possession without the consent of Plaintiff, and Plaintiff is entitled to recover possession of the Premises.

WHEREFORE, on Count I, Plaintiff demands judgment for possession of the Premises, issuance of an execution directing restoration of possession to Plaintiff, and costs.

COUNT II — RENT AND DAMAGES

9. Plaintiff realleges paragraphs 1 through 8.

10. Defendant owes Plaintiff $[____] in unpaid rent and actual damages through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered.

11. [If applicable — § 34-18-35(d):] Defendant received a § 34-18-35(a) demand notice within the six (6) months immediately preceding this filing and Defendant's nonpayment was willful; Plaintiff therefore also seeks a reasonable attorney's fee.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, actual damages, prejudgment interest, costs, and (where authorized) reasonable attorney's fees, and for such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

[________________________________]

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, R.I. Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the State of Rhode Island that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], Rhode Island.

[________________________________]

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

State of Rhode Island, County of [________________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

[________________________________]

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, State of Rhode Island
My Commission Expires: [__/__/____]

7. RHODE ISLAND PRACTICE NOTES

• Two-step nonpayment process — § 34-18-35. Rent must be 15 days in arrears before the landlord may send the Five-Day Demand. The 5-day cure period runs from the date of mailing, and the eviction complaint may be filed no earlier than the sixth (6th) day after mailing. Use the statutory form in § 34-18-56(a).
• Pay-to-stay / right to cure — § 34-18-35(e). The tenant may cure nonpayment by tendering the full rent in arrears before commencement of suit. If the tenant has NOT received a § 34-18-35(a) demand within the prior six months, the tenant may also cure after suit is filed by tendering the full rent in arrears plus court costs at the time of hearing. This is a powerful tenant redemption right — plan for it.
• Attorney's fees — § 34-18-35(d). A landlord may recover a reasonable attorney's fee on a nonpayment eviction only where the tenant received a demand notice within the preceding six months AND the nonpayment was willful.
• Noncompliance — § 34-18-36. 20 days to cure; termination date must be at least 21 days from mailing. The tenant loses the cure right if this is the second notice on the same subject within six months. Use the statutory form in § 34-18-56(b).
• Periodic-tenancy termination — § 34-18-37. 30 days (monthly) / 10 days (weekly), to the end of the rental period. Use the statutory form in § 34-18-56(c).
• Court. Landlord/tenant matters are heard in the District Court (with a Housing Court calendar in Providence). The District Court has no jurisdictional dollar limit on landlord/tenant matters.
• Summons / answer. The eviction summons sets the hearing date (form per § 34-18-56(g)). The tenant may file and serve an answer before or at the time of hearing; failure to answer or appear results in default.
• Discovery continuance. Under § 34-18-35(d), the court may continue the hearing to allow discovery for good cause, and may order interim rent paid to preserve the status quo.
• Execution. After judgment for possession, the court issues an execution; the tenant generally has a statutory period before the execution is served and the constable/sheriff restores possession. Confirm the current stay/execution timeline with counsel.
• Mobile/manufactured-home communities (Chapter 34-18.1) and subsidized housing follow additional cause and notice rules. CARES Act 30-day notice may apply to federally backed dwellings.

8. SOURCES AND REFERENCES

• R.I. Gen. Laws § 34-18-35 (eviction for nonpayment of rent) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-35.HTM
• R.I. Gen. Laws § 34-18-36 (eviction for noncompliance) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-36.HTM
• R.I. Gen. Laws § 34-18-37 (termination of periodic tenancy) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-37.HTM
• R.I. Gen. Laws § 34-18-56 (statutory notice and complaint forms) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-56.HTM
• Rhode Island District Court — Landlord/Tenant Evictions — https://www.courts.ri.gov/Courts/districtcourt/Pages/Landlord%20Tenant.aspx
• The Rhode Island Landlord-Tenant Handbook (URI) — https://web.uri.edu/wp-content/uploads/sites/1078/landlordtenant.pdf
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Rhode Island-licensed attorney must review and customize this package before service or filing. Mobile/manufactured-home community and subsidized-housing tenancies follow additional rules; verify current notice periods, the statutory § 34-18-56 forms, court procedures, and any CARES Act requirements before use.

Last Updated: 2026-06-06