Rhode Island 5-Day Demand for Rent (Notice to Pay or Quit)

FIVE (5) DAY DEMAND FOR RENT AND NOTICE OF TERMINATION OF TENANCY — RHODE ISLAND

TABLE OF CONTENTS

1. Notice Header and Recipient Information
2. Statement of Authority
3. Identification of Premises and Tenancy
4. Statutory Demand and Computation of Arrearage
5. Right to Cure and Consequences of Non-Cure
6. Tenant Defenses and Required Disclosures
7. Method of Payment Accepted
8. Reservation of Rights
9. Service / Mailing Information
10. Signature Block
11. Certificate of Mailing
12. Rhode Island Practice Notes
13. 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: [__/__/____]

2. STATEMENT OF AUTHORITY

This Five (5) Day Demand for Rent ("Notice") is given pursuant to Rhode Island General Laws § 34-18-35 and is in substantially the form prescribed by R.I.G.L. § 34-18-56(a).

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").

3.3. Periodic Rent. The agreed periodic rent under the Rental Agreement is $[__________] per [☐ month ☐ week ☐ other: __________], due on the [____] day of each [☐ month ☐ week].

4. STATUTORY DEMAND AND COMPUTATION OF ARREARAGE

4.1. Required Statutory Language (R.I.G.L. § 34-18-56(a)). 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.

4.2. 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.

4.3. Itemization of Arrearage. As of the date of mailing of this Notice, the unpaid rent is itemized as follows:

4.4. The first day on which the rent comprising the arrearage was at least fifteen (15) days past due was [__/__/____].

5. RIGHT TO CURE AND CONSEQUENCES OF NON-CURE

5.1. Five-Day Cure. If you pay the full sum of $[________] in rent in arrears within five (5) days of the date of mailing of this Notice (i.e., on or before [__/__/____]), the Rental Agreement shall not terminate and no eviction action will be commenced based on this Notice.

5.2. Termination on Day Six. If you do not pay the full sum of rent in arrears within five (5) days of the date of mailing of this Notice, the Rental Agreement shall terminate, and the Landlord may commence an eviction action in the appropriate Rhode Island District Court (or housing court of competent jurisdiction) on or after the sixth (6th) day after mailing of this Notice, pursuant to R.I.G.L. § 34-18-35(b).

5.3. Continuing Right to Cure Before Suit. You retain the right to cure your failure to pay rent at any time before the eviction complaint is filed by tendering the full amount of rent in arrears.

5.4. Right to Cure at Hearing (First-Demand Tenants). If you have NOT received a demand notice under R.I.G.L. § 34-18-35 within the six (6) months immediately preceding the filing of the eviction action, you also have the right to cure at the time of hearing by tendering the full amount of rent in arrears together with court costs.

5.5. Attorney's Fees. If you have received a prior demand notice under § 34-18-35 within the past six (6) months and the District Court finds that your nonpayment was willful, the Landlord may recover reasonable attorney's fees in addition to possession and rent.

6. TENANT DEFENSES AND REQUIRED DISCLOSURES

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

6.1. Implied Warranty of Habitability. R.I.G.L. § 34-18-22 requires the Landlord to maintain 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 amounts of hot water at all times, and supply reasonable heat between October 1 and May 1.

6.2. Self-Help Bar. R.I.G.L. § 34-18-44 prohibits the Landlord from recovering possession of the Premises by lockout, removal of doors or windows, utility shutoff, or any other means outside of a District Court eviction proceeding. R.I.G.L. § 34-18-34 provides that a tenant unlawfully ousted or subjected to a willful diminution of services may recover possession or terminate the agreement and recover the greater of three (3) months' periodic rent or threefold the actual damages, plus reasonable attorney's fees.

6.3. Retaliation. R.I.G.L. § 34-18-46 prohibits retaliation by rent increase, decrease in services, or threatened or actual eviction in response to a tenant's complaint to a code official, complaint to the Landlord about housing-code or § 34-18-22 violations, organizing or joining a tenant union, or other protected activity. Evidence of a complaint within the six (6) months before the alleged retaliatory act creates a rebuttable presumption that the conduct was retaliatory.

6.4. Discrimination. The Rhode Island Fair Housing Practices Act, R.I.G.L. § 34-37 et seq., and the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., 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 Housing Choice Vouchers, SSI, SSDI, TANF, child support, alimony, and other federal/state/local rental assistance), familial status, disability, age, ancestry, national origin, military or veteran status, and status as a victim of domestic abuse.

6.5. Security Deposit. R.I.G.L. § 34-18-19 caps the security deposit at one (1) month's periodic rent, requires return of the deposit (with itemized statement of any deductions) within twenty (20) days after the later of termination of the tenancy, delivery of possession, or the tenant's providing a forwarding address, and authorizes recovery of twice the amount wrongfully withheld plus reasonable attorney's fees if the Landlord fails to comply.

6.6. Right to Counsel and Free Legal Assistance. Tenants in Rhode Island may be eligible for free legal representation through Rhode Island Legal Services (1-800-662-5034), the Rhode Island Center for Justice, the Office of the Public Defender's housing programs (where applicable), and (if you reside in Providence) the Providence Eviction Defense Program. The Rhode Island Coalition to End Homelessness operates eviction-prevention programs as well.

7. METHOD OF PAYMENT ACCEPTED

The Landlord will accept payment in the following form(s) within the cure period:

• ☐ Cashier's check or money order payable to [LANDLORD NAME]
• ☐ Personal check payable to [LANDLORD NAME] (subject to clearance)
• ☐ Electronic payment via [____________________] (account: [____________________])
• ☐ U.S. currency, in person, by appointment

Payment shall be tendered to:

[NAME OF PERSON OR ENTITY ACCEPTING PAYMENT]
[Address]
[Telephone] — [Email]

8. 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 that accrues after the date of mailing of this Notice;
• Recover reasonable attorney's fees in the circumstances permitted by R.I.G.L. § 34-18-35(d);
• Recover court costs and statutory interest;
• Pursue separate actions for property damage, holdover damages, and any other lease breach;
• Pursue any other remedy provided at law or in equity.

Acceptance of any partial payment shall be applied first to court costs 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. § 34-18-35.

9. 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: [__/__/____])

10. 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: [_______________________]

11. CERTIFICATE OF MAILING

I, [__________________________________], certify that on [__/__/____] I caused a true and correct copy of this Notice 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: [__/__/____]

12. RHODE ISLAND PRACTICE NOTES

12.1. 15-Day Arrearage Floor. The 15-day arrearage floor in R.I.G.L. § 34-18-35(a) is statutory, not waivable by lease, and applies in addition to any contractual grace period. A landlord cannot mail a § 34-18-35 demand on day 14 even if the lease provides for a shorter grace period.

12.2. Mailing-Date Trigger. The 5-day cure clock runs from the date of MAILING, not delivery and not receipt. The eviction complaint may not be filed earlier than the sixth (6th) day after mailing.

12.3. Cure-at-Hearing Rule. A first-time defendant (no § 34-18-35 demand within the prior 6 months) has an absolute right to cure at hearing by tendering all rent in arrears plus court costs. Landlord cannot defeat this right by refusing tender; the Court will accept payment into the registry.

12.4. Attorney's Fees. Attorney's fees are conditional on (a) a prior demand within 6 months AND (b) a willful nonpayment finding. Plead and prove both elements; do not assume fee recovery.

12.5. District Court Venue. Eviction is filed in the Rhode Island District Court for the division in which the Premises is located (Providence, Newport, Kent, or Washington divisions). The complaint form for nonpayment is District Court Form DC-54 (revised periodically).

12.6. Five-Day Appeal. A District Court eviction judgment is appealable to the Superior Court for trial de novo on all questions of law and fact under R.I.G.L. § 9-12-10.1, with a strict five (5) calendar-day appeal window (including weekends and holidays) under R.I.G.L. § 34-18-47. The appellant tenant must continue to pay rent into the court registry as it becomes due.

12.7. Subsidized Tenancies. For Section 8 HCV, project-based Section 8, public housing, LIHTC, and USDA RD tenancies, federal regulations supersede or supplement R.I.G.L. § 34-18-35: HUD-required grace periods, opportunity-to-cure, and lease-violation notice content (24 C.F.R. parts 247, 880, 882, 966, etc.) must be observed. Use a HUD-compliant 14-day notice for project-based programs where required.

12.8. Mobile Home Parks. R.I.G.L. § 31-44 (Mobile and Manufactured Homes Act) governs evictions from mobile home parks; chapter 34-18 does not apply. Use the § 31-44 notice and process for mobile home park tenancies.

12.9. Pandemic-Era and Recent Reforms. Rhode Island's COVID-19 eviction moratoria have lapsed, but RentReliefRI archived files may still contain ledger documentation relevant to a tenant's defense. The General Assembly has periodically considered (2024-2026) extending the periodic-tenancy notice to 60 days (or 120 days for tenants 62+); confirm current law with webserver.rilegislature.gov before mailing this notice.

12.10. Providence-Specific. The City of Providence enforces ordinances banning source-of-income discrimination and operates an Eviction Defense Program. Cranston, Pawtucket, and Central Falls maintain minimum housing codes that supply additional § 34-18-22 / § 34-18-46 leverage for tenants.

13. 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. § 34-18-19 — Security deposits
• 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 DC-54 — Complaint for Eviction for Non-payment of Rent
• District Court Form DC-55 — 5-Day Demand for Rent
• 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 / RI General Assembly
• 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
• City of Providence — Tenant Bill of Rights / source-of-income protections
• HUD Section 8 / public housing regulations — 24 C.F.R. Parts 247, 880, 882, 966

END OF NOTICE