Rhode Island 20-Day Notice of Noncompliance (Cure or Quit)

TWENTY (20) DAY NOTICE OF NONCOMPLIANCE WITH RENTAL AGREEMENT — RHODE ISLAND

TABLE OF CONTENTS

1. Notice Header and Recipient Information
2. Statement of Authority
3. Identification of Premises and Tenancy
4. Specification of Breach
5. Required Cure / Remedy
6. Termination Date and Consequences of Non-Cure
7. Repeat-Violation and No-Cure Designations
8. Tenant Defenses and Required Disclosures
9. Reservation of Rights
10. Service / Mailing Information
11. Signature Block
12. Certificate of Mailing
13. Rhode Island Practice Notes
14. Sources and References

1. NOTICE HEADER AND RECIPIENT INFORMATION

TO: [TENANT NAME(S) — INCLUDE EVERY PERSON NAMED ON THE LEASE AND EVERY ADULT OCCUPANT]
[Address Line 1]
[City], Rhode Island [Zip]

FROM: [LANDLORD / OWNER LEGAL NAME]
[Mailing Address]
[City], [State] [Zip]
Telephone: [____________________]

DATE OF MAILING: [__/__/____]

EARLIEST POSSIBLE TERMINATION DATE (NOT LESS THAN 21 DAYS AFTER MAILING): [__/__/____]

2. STATEMENT OF AUTHORITY

This Twenty (20) Day Notice of Noncompliance ("Notice") is given pursuant to Rhode Island General Laws § 34-18-36 and is in substantially the form prescribed by R.I.G.L. § 34-18-56(b).

You are hereby formally notified as follows.

3. IDENTIFICATION OF PREMISES AND TENANCY

3.1. Premises. The dwelling unit subject to this Notice is located at:

[FULL STREET ADDRESS, INCLUDING UNIT / APARTMENT NUMBER]
[City], Rhode Island [Zip]
(the "Premises").

3.2. Tenancy. You occupy the Premises pursuant to a [☐ written lease dated __/__/____ ☐ oral rental agreement ☐ month-to-month tenancy] (the "Rental Agreement").

4. SPECIFICATION OF BREACH

4.1. You have materially failed to comply with [☐ the Rental Agreement / ☐ R.I.G.L. § 34-18-24 (tenant obligations affecting health and safety) / ☐ both] in that you have committed the following acts and/or omissions, which constitute a material breach:

4.1.1. Date(s) of breach: [____________________________________________]

4.1.2. Lease provision(s) violated (cite by section/paragraph number and quote relevant text): [____________________________________________]

4.1.3. Statutory provision(s) violated (e.g., R.I.G.L. § 34-18-24(_)): [____________________________________________]

4.1.4. Detailed description of the act(s) or omission(s):

[FACT-SPECIFIC NARRATIVE — describe what occurred, when, who observed it, what damage or risk resulted, and how it materially affects health, safety, or the rights of the landlord or other occupants. Attach photographs, code-enforcement notices, police reports, witness statements, or correspondence as Exhibit A.]

4.2. Materiality. The above-described breach materially affects [☐ the rights of the Landlord under the Rental Agreement ☐ the health and safety of occupants or neighbors ☐ the physical condition of the Premises ☐ compliance with applicable building/housing codes].

5. REQUIRED CURE / REMEDY

To remedy the breach, you must take the following acts, repairs, or make the following payment of damages on or before the cure deadline set forth below:

5.1. Required cure act(s) / repair(s) / payment(s):

5.2. Cure Deadline. All required acts must be completed on or before [__/__/____], which is at least twenty (20) days after the date of mailing of this Notice.

5.3. Documentation of Cure. You are encouraged to provide written documentation of any cure (photographs, paid invoices, receipts, code-enforcement re-inspection results) to the Landlord at the address on this Notice on or before the Cure Deadline.

6. TERMINATION DATE AND CONSEQUENCES OF NON-CURE

6.1. Cure Saves Tenancy. Unless your breach falls within the no-cure exceptions of R.I.G.L. § 34-18-24(8), (9), or (10), if you adequately remedy the breach on or before the Cure Deadline, the Rental Agreement shall NOT terminate.

6.2. Termination on Non-Cure. If you do not adequately remedy the breach within twenty (20) days of mailing of this Notice, the Rental Agreement shall terminate on [__/__/____] (the "Termination Date"), which is not less than twenty-one (21) days after mailing of this Notice.

6.3. Eviction. If the Rental Agreement terminates as set forth above, the Landlord may commence an eviction action in the appropriate Rhode Island District Court on or after the day following the Termination Date, pursuant to R.I.G.L. § 34-18-36(c).

7. REPEAT-VIOLATION AND NO-CURE DESIGNATIONS

(Check whichever applies; otherwise leave blank.)

☐ 7.1. Repeat Violation (No Further Opportunity to Cure). This Notice is given pursuant to R.I.G.L. § 34-18-36(b) because substantially the same act or omission constituted a prior noncompliance for which good-faith written notice was given on [__/__/____], within the six (6) months preceding the date of this Notice. Pursuant to § 34-18-36(b), no allowance of time to remedy this noncompliance is required, and the Rental Agreement shall terminate on the Termination Date set forth above.

☐ 7.2. No-Cure Statutory Exception (R.I.G.L. § 34-18-24(8), (9), or (10)). This Notice is given because you have committed a violation of R.I.G.L. § 34-18-24(__) (specify subdivision: ☐ (8) drug-related ☐ (9) illegal-activity nuisance ☐ (10) firearms/other enumerated unlawful conduct), for which the right to cure does not apply. The Landlord may commence an eviction action immediately and reserves the right to do so without awaiting the Termination Date.

☐ 7.3. Seasonal Tenancy / Municipal Ordinance. This Notice is given because you are a seasonal tenant under a written lease who has been charged with a municipal ordinance violation or has violated provisions of the Rental Agreement pertaining to legal occupancy, excessive noise, or other disturbance of the peace. Pursuant to R.I.G.L. § 34-18-36(d), no notice of noncompliance is required and the Landlord may commence an eviction action immediately.

8. TENANT DEFENSES AND REQUIRED DISCLOSURES

The Landlord acknowledges that Rhode Island law provides the following defenses, rights, and remedies that you may assert:

8.1. Implied Warranty of Habitability (§ 34-18-22). The Landlord must keep the Premises in a fit and habitable condition; comply with applicable building and housing codes; keep common areas clean and safe; maintain electrical, plumbing, sanitary, heating, and ventilating systems; supply running water and reasonable hot water at all times; and supply reasonable heat between October 1 and May 1.

8.2. Self-Help Bar (§ 34-18-44, § 34-18-34). The Landlord may not regain possession by lockout, removal of doors, utility shutoff, or any means outside court process. Unlawful ouster or willful diminution of services exposes the Landlord to the greater of three (3) months' periodic rent or threefold actual damages, plus attorney's fees.

8.3. Retaliation (§ 34-18-46). Adverse action within six (6) months of a tenant's code complaint, repair request, tenant-union activity, or assertion of chapter 34-18 rights creates a rebuttable presumption of retaliation.

8.4. Discrimination. R.I.G.L. § 34-37 (Rhode Island Fair Housing Practices Act) and 42 U.S.C. § 3601 et seq. (federal FHA) prohibit discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income (including Section 8 / HCV vouchers, SSI, SSDI, TANF, child support, alimony), familial status, disability, age, ancestry, national origin, military or veteran status, and victim-of-domestic-abuse status.

8.5. Adequate Cure as Defense. Adequate cure within the 20-day window prevents termination and is a complete defense to an eviction action under § 34-18-36 (other than for the no-cure exceptions in § 34-18-24(8)-(10) and seasonal-tenant provisions).

8.6. Notice Defects as Defense. A notice that fails to specify the breach with particularity, fails to specify what is required to cure, or sets a termination date earlier than 21 days after mailing is defective and grounds for dismissal.

8.7. Right to Counsel and Free Legal Assistance. Rhode Island Legal Services (1-800-662-5034), the Rhode Island Center for Justice, the Providence Eviction Defense Program, and HelpRILaw.org provide free or reduced-cost representation to qualifying tenants.

9. RESERVATION OF RIGHTS

This Notice is given without prejudice to, and the Landlord expressly reserves, all rights and remedies available under the Rental Agreement, R.I.G.L. chapter 34-18, the Rhode Island Fair Housing Practices Act, the federal Fair Housing Act, and other applicable law, including the right to:

• Recover all unpaid rent and additional rent;
• Recover damages for waste, holdover, and lease breach;
• Recover court costs and statutory interest;
• Pursue parallel proceedings for nuisance, code violations, and injunctive relief;
• Pursue any other remedy provided at law or in equity.

Acceptance of any payment or partial cure shall be applied first to costs, damages, and arrearage and shall not be construed as a waiver of this Notice or of the Landlord's right to terminate or to commence eviction proceedings, except as required by R.I.G.L. § 34-18-36.

10. SERVICE / MAILING INFORMATION

This Notice is being delivered to you by:

• ☐ U.S. First-Class Mail to your last known address (date posted: [__/__/____])
• ☐ U.S. Certified Mail, Return Receipt Requested, Article No. [____________________]
• ☐ Hand delivery to the Premises (received by: [____________________] on [__/__/____])
• ☐ Posting on a conspicuous part of the Premises (date posted: [__/__/____])

11. SIGNATURE BLOCK

Executed this [____] day of [___________], 20[____].

LANDLORD / AUTHORIZED AGENT

Signature: [____________________________________________]

Printed name: [____________________________________________]

Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney for Landlord

Address: [____________________________________________]

Telephone: [_______________] Email: [_______________________]

12. CERTIFICATE OF MAILING

I, [__________________________________], certify that on [__/__/____] I caused a true and correct copy of this Notice (with all referenced exhibits) to be deposited in the United States mail, postage prepaid, addressed to the Tenant(s) at the Premises and at any other last known address of the Tenant(s) listed below, by U.S. First-Class Mail and by Certified Mail, Return Receipt Requested (Article No. [____________________]).

Tenant Mailing Address(es):

1. [____________________________________________]
2. [____________________________________________]

Signature: [____________________________________________]
Date: [__/__/____]

13. RHODE ISLAND PRACTICE NOTES

13.1. Twin-Specificity Rule. Section 34-18-36 imposes two independent specificity requirements: (a) the breach AND (b) the required cure. Drafters frequently satisfy one but not the other. The notice must read like a roadmap that the tenant could follow to avoid termination.

13.2. 21-Day Floor on Termination Date. The termination date stated in the notice must be at least 21 days after mailing. Picking "20 days after mailing" is a perennial drafting error and a routine ground for District Court dismissal.

13.3. Cure Determines Termination. Unlike a Massachusetts 14-day notice, the Rhode Island 20-day notice is conditional: adequate cure within 20 days saves the tenancy. Plead and prove non-cure if you proceed to filing.

13.4. Acceptance of Rent. Acceptance of rent after the breach but before the Termination Date does not necessarily waive the notice if the Landlord clearly preserves the action in writing at the time of acceptance. Best practice: accept "for use and occupancy only — without waiver of pending § 34-18-36 notice."

13.5. Photographic and Code Documentation. Attach photographs, code-enforcement orders, repair invoices, witness statements, and any prior written warnings as Exhibit A. The District Court will treat well-documented notices much more favorably than bare-bones recitations.

13.6. No-Cure Exceptions Are Narrow. The § 34-18-24(8)-(10) and seasonal-tenant exceptions are fact-intensive and contested. When in doubt, give the protective 20-day notice; doing so does not waive the no-notice option, but proceeding without notice when you should have given one is not curable.

13.7. Repeat Violations. A second 20-day terminate-only notice under § 34-18-36(b) requires (a) substantially the same act/omission, (b) within 6 months of (c) the prior good-faith notice. Plead all three elements; attach the prior notice as Exhibit B.

13.8. District Court Venue. Rhode Island has a unified District Court with Providence/Bristol, Newport, Kent, and Washington divisions; eviction is filed in the division in which the Premises is located.

13.9. Five-Day Appeal. A District Court eviction judgment is appealable to Superior Court for trial de novo on all questions of law and fact under R.I.G.L. § 9-12-10.1 (cross-referenced from § 34-18-47), with a strict 5 calendar-day appeal window. Rent must continue to be paid into the registry during appeal.

13.10. Mobile Homes. R.I.G.L. § 31-44 governs mobile home park evictions, which require a different notice and process; chapter 34-18 does not apply.

14. SOURCES AND REFERENCES

Statutes

• R.I.G.L. § 34-18-1 et seq. — Residential Landlord and Tenant Act
• R.I.G.L. § 34-18-15 — Terms and conditions of rental agreement
• R.I.G.L. § 34-18-22 — Landlord to maintain premises
• R.I.G.L. § 34-18-24 — Tenant to maintain dwelling unit
• R.I.G.L. § 34-18-34 — Tenant's remedies for landlord's unlawful ouster
• R.I.G.L. § 34-18-35 — Eviction for nonpayment of rent
• R.I.G.L. § 34-18-36 — Eviction for noncompliance with rental agreement
• R.I.G.L. § 34-18-37 — Termination of periodic tenancy
• R.I.G.L. § 34-18-44 — Self-help recovery of possession prohibited
• R.I.G.L. § 34-18-46 — Retaliatory conduct prohibited
• R.I.G.L. § 34-18-47 — Appeals
• R.I.G.L. § 34-18-49 — Payment of rent on stay of execution
• R.I.G.L. § 34-18-56 — Notices and complaint forms
• R.I.G.L. § 34-37 et seq. — Rhode Island Fair Housing Practices Act
• R.I.G.L. § 31-44 — Mobile and Manufactured Homes Act
• R.I.G.L. § 9-12-10.1 — Claim of appeal in landlord-tenant actions
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act

Court Rules and Forms

• Rhode Island District Court Civil Rules
• District Court Form (eviction-noncompliance complaint)
• District Court Form DC-53 — Answer (Defendant-Tenant)

Official and Authoritative Resources

• Rhode Island General Assembly — webserver.rilegislature.gov
• Rhode Island Judiciary, District Court (Landlord-Tenant) — courts.ri.gov
• Rhode Island Landlord-Tenant Handbook — University of Rhode Island
• Rhode Island Legal Services (1-800-662-5034) — rils.org
• Rhode Island Center for Justice — centerforjustice.org
• HelpRILaw.org — eviction self-help materials
• Operation Stand Down RI (OSDRI) — eviction defense for veterans
• HUD Section 8 / public housing regulations — 24 C.F.R. Parts 247, 880, 882, 966

END OF NOTICE