Legal Notice - Eviction

NOTICE TO QUIT / DEMAND FOR POSSESSION

(Compliant with the Rhode Island Residential Landlord & Tenant Act)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties
   a. Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] having its principal place of business at [ADDRESS].
   b. Tenant: [TENANT LEGAL NAME], currently in possession of the Premises described below.

2. Premises
   Street Address: [ADDRESS]
   Unit No.: [UNIT]
   County: [COUNTY], Rhode Island

3. Lease/Rental Agreement
   Effective Date: [LEASE EFFECTIVE DATE]
   Term: [TERM]

4. Effective Date of This Notice: [NOTICE DATE] (“Effective Date”).

5. Jurisdiction
   This Notice is issued pursuant to Rhode Island state landlord-tenant law and is enforceable exclusively in the Rhode Island District Court – Housing Calendar (“Housing Court”).

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below:

1. “Act” – The Rhode Island Residential Landlord and Tenant Act (R.I. Gen. Laws § 34-18-1 et seq.).
2. “Amount Due” – The total of unpaid Rent and any Late Fees itemized in § III.1.b.
3. “Cure Period” – The statutory time period during which Tenant may remedy the Default to avoid termination, as specified in § III.2.
4. “Default” – The event(s) triggering this Notice, described in § III.1.
5. “Notice Period” – The number of days between the Service Date and the required Tenant action date, determined by the Notice Type selected in § III.2.
6. “Premises” – The real property identified in § I.2.
7. “Rent” – Base rent due under the Lease, exclusive of utilities, fees, or other additional charges.
8. “Service Date” – The date this Notice is deemed delivered under § VI.2.

III. OPERATIVE PROVISIONS

1. Statement of Default
   a. Nature of Default: [SELECT ONE OR MORE]
   • Nonpayment of Rent
   • Material Non-Compliance with Lease
   • Holdover after Lease Termination
   b. Itemization of Amount Due (if applicable)
   • Rent arrears for the period [DATES]: $[AMOUNT]
   • Late Fees (through Effective Date): $[AMOUNT]
   • Other lawful charges: $[AMOUNT]
   • Total Amount Due: $[TOTAL]

2. Notice Type & Statutory Cure Period
   [SELECT ONE – delete inapplicable options]
   a. Five (5) Day Demand for Rent (nonpayment) – Tenant must pay the Amount Due or vacate within five (5) days after Service Date. R.I. Gen. Laws § 34-18-35
   b. Twenty (20) Day Notice to Cure Non-Compliance – Tenant must remedy the violation(s) or vacate within twenty (20) days after Service Date. R.I. Gen. Laws § 34-18-36
   c. Thirty (30) Day Notice to Terminate Periodic Tenancy (no-fault) – Tenant must vacate on or before the thirtieth (30th) day after Service Date. R.I. Gen. Laws § 34-18-37

3. Landlord Election
   If Tenant fails to cure or vacate within the applicable Cure Period, Landlord will commence a summary eviction action in Housing Court and may seek possession, money damages, court costs, and statutory interest.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations
   a. Landlord is the record owner or authorized agent entitled to possession of the Premises.
   b. All factual statements herein are true and correct to the best of Landlord’s knowledge.

2. Tenant Warranties – None. (This document is unilateral; warranties are not required of Tenant.)

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant to Cure or Vacate
   Tenant covenants either to (i) fully cure the Default within the Cure Period, or (ii) peaceably surrender the Premises on or before the Expiration of the Cure Period.

2. Restriction on Partial Payments
   Acceptance of any partial payment after expiration of the Cure Period shall not constitute waiver of Landlord’s right to possession unless Landlord expressly agrees in writing.

VI. DEFAULT & REMEDIES

1. Events of Default
   Failure to:
   a. Remit the Amount Due in cleared funds within the Cure Period; or
   b. Cease or correct the non-compliant conduct within the Cure Period; or
   c. Vacate the Premises by the required date.

2. Service Requirements
   a. Personal delivery to Tenant at the Premises; or
   b. First-class mail and certified mail, return-receipt requested, to the Premises; or
   c. [OPTIONAL] Posting conspicuously on the main entry door if personal service is unsuccessful.

Service is deemed complete on the earlier of actual delivery or three (3) days after mailing.

3. Remedies
   Upon Tenant’s failure to comply, Landlord may:
   a. File a Complaint for Eviction (Possessory Action) in Housing Court;
   b. Recover unpaid Rent, late fees, court costs, and statutory interest;
   c. Seek issuance of a Writ of Execution for possession;
   d. Request any other relief available under applicable law.

4. Attorneys’ Fees
   If the Lease provides for prevailing-party attorneys’ fees, Landlord will seek such fees in the eviction action.

VII. RISK ALLOCATION

Indemnification and liability caps are not applicable to this unilateral Notice. Nothing herein limits Landlord’s statutory rights to pursue damages.

VIII. DISPUTE RESOLUTION

1. Governing Law: This Notice and any ensuing litigation are governed by Rhode Island law.
2. Forum Selection: Exclusive jurisdiction and venue lie in the Rhode Island District Court – Housing Calendar.
3. Arbitration: Not available for statutory eviction proceedings.
4. Jury Waiver: Tenant retains any constitutional right to a jury trial that may apply in an eviction action.
5. Injunctive Relief: Landlord expressly reserves the right to seek immediate possession as the primary remedy.

IX. GENERAL PROVISIONS

1. No Waiver: Landlord’s failure to enforce any term herein is not a waiver of future enforcement.
2. Integration: This Notice constitutes the entire eviction notice required by the Act and supersedes all prior oral or written demands concerning the stated Default.
3. Severability: Any provision held invalid shall be severed, and the remainder shall remain enforceable.
4. Amendments: May be amended only by a subsequent written notice executed by Landlord.
5. Electronic Signatures: Electronic signatures are deemed original for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord hereby issues this Notice on the Effective Date set forth above.

_____________________________
[LANDLORD NAME]
[Title, if entity]

Date: _______________________

OPTIONAL TENANT ACKNOWLEDGMENT

(I/We) acknowledge receipt of this Notice on ____________, 20__.

_____________________________
[TENANT NAME]