Eviction Notice & Unlawful Detainer Complaint - Rhode Island

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 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). If substantially the same act or omission recurs within six months after good-faith notice of prior noncompliance, § 34-18-36(e) supplies a separate notice route without another cure allowance. After the termination 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 / § 34-18-38)

(R.I. Gen. Laws § 34-18-35, § 34-18-36, or § 34-18-38; forms per § 34-18-56(d)/(e))

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"). This is a landlord/tenant eviction matter within the District Court's jurisdiction.

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) / ☐ materially failed to comply with a rental-agreement term or breached a § 34-18-24 duty materially affecting health and safety as follows: ____________ (§ 34-18-36) / ☐ remained in possession without consent after termination or expiration of the tenancy effective [__/__/____] (§ 34-18-38)].

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; Defendant failed to cure by paying the rent in arrears within five (5) days of mailing (§ 34-18-35(b)); and Plaintiff is in compliance with the applicable requirements of § 34-18-58(a), (b), and (d) and presents evidence of compliance at filing as required by § 34-18-58(g). / 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.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, actual damages, costs, and, where authorized, prejudgment interest and 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; the court must determine which SCRA protections apply to this proceeding.

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).
• Rental registry — § 34-18-58(g). A landlord may not commence a nonpayment eviction unless it complies with the applicable requirements of § 34-18-58(a), (b), and (d) and presents evidence of compliance when filing.
• 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.
• Noncompliance — § 34-18-36. For the ordinary material-breach route, 20 days to cure and a termination date at least 21 days from mailing. Subsection (e) separately permits at least 20 days' written termination notice without another cure allowance when substantially the same act or omission recurs within six months after good-faith notice. Use the applicable statutory form and route.
• 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. The District Court has no jurisdictional dollar limit on landlord/tenant matters.
• Nonpayment summons / answer. The § 34-18-56(g) form sets the hearing date for a nonpayment eviction. Under § 34-18-35(c), the tenant may file and serve an answer before or at the 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. Any post-judgment execution and restoration of possession must follow the applicable court process. Confirm the current stay and execution timeline with counsel.
• Special housing arrangements. If the premises are in a mobile/manufactured-home community or subsidized housing, check any additional cause and notice rules before using this package. CARES Act 30-day notice may apply to federally backed covered 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
• 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: 2026-10-02