Long Lasting Power Of Attorney - Rhode Island Landlord Tenant and Eviction Law Faqs - Nonpayment Rent, Termination
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In order to begin the process of evicting a residential tenant in Rhode Island (Ri) for non-payment of rent, the tenant must be more than 15 days late and then a five-day examine observation must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a possible of a month or longer (if there is an appeal).
2) Is it legal to do a self-help eviction in Rhode Island?
No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go straight through the permissible legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to regain damages against the landlord.
3) How long does it take to evict a month-to-month tenant?
In order to evict a month-to-month tenant, you are required to send a thirty-day observation to desist the tenancy pursuant to Rhode Island law. After the thirty-day duration has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to sass and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on either or not there is an appeal).
4) My tenant has a lease but is violating the lease and causing problems. What do I do?
Pursuant to Rhode Island law you can send them a observation request them to desist the offending behavior within 20 days. If they do not desist the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the observation and that the tenant did not comply with the observation after receiving the notice. If the tenant is a month-to-month tenant, then it is great to desist the offending tenant's tenancy rather than go straight through the above-described process.
Rhode Island Attorneys legal observation per Ri Rules of professional Responsibility:
The Rhode Island consummate Court licenses all lawyers in the normal convention of law, but does not license or warrant any lawyer or attorney as an specialist or specialist in any field of practice.
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