A RI lawyer answers numerous eviction law questions pertaining to Rhode Island law. The issues addressed include failure to pay rent, month to month tenancies as well as violation of a lease.
Rhode Island eviction lawyer
Pursuant to RI landlord tenant law, how long does it take to evict a tenant for non-payment of rent in Rhode Island?
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 demand notice 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 potential of a month or longer (if there is an appeal).
Is it legal under RI landlord tenant law to do a self-help eviction?
No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. If a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord.
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 notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expires, then the landlord may 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 answer the complaint. After the tenant answers, 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 or up to a month or longer to get the tenant out (depending on whether there is an appeal).
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 notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy. You must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant’s tenancy rather than go through the above-described process.
Types of landlord tenant issues
Landlord-tenant disputes can arise from various issues related to the rental of property. These disputes can be categorized into several types, each stemming from different aspects of the landlord-tenant relationship. Here are some common types of landlord-tenant disputes:
- Non-payment of Rent:
- Tenant fails to pay rent on time or refuses to pay altogether.
- Property Maintenance and Repairs:
- Disputes over responsibility for repairs and maintenance issues.
- Tenant claims that necessary repairs are not being addressed by the landlord.
- Lease Violations:
- Breach of terms outlined in the lease agreement by either party.
- Violation of rules such as subletting without permission or having unauthorized pets.
- Security Deposit Disputes:
- Disagreements regarding the return of the security deposit.
- Issues related to deductions made by the landlord for damages.
- Evictions:
- Landlord seeks to evict a tenant due to lease violations or non-payment of rent.
- Tenant disputes the grounds for eviction or claims improper eviction procedures.
- Illegal Entry or Privacy Issues:
- Disputes arising from unauthorized entry by the landlord into the rental property.
- Complaints about invasion of tenant privacy.
- Health and Safety Concerns:
- Disputes over the habitability of the rental unit.
- Tenant complains about unsafe or unhealthy living conditions.
- Discrimination:
- Allegations of discrimination based on race, gender, religion, or other protected characteristics.
- Unfair treatment in terms of lease agreements or rental terms.
- Noise and Nuisance Complaints:
- Tenant complains about excessive noise or disruptive behavior by neighbors.
- Landlord addresses issues related to tenant behavior affecting others.
- Lease Termination Disputes:
- Disagreements over the terms and conditions for terminating the lease.
- Issues related to notice periods and the return of property.
- Utility Billing Disputes:
- Conflicts over the responsibility for paying utility bills.
- Disputes regarding the accuracy of utility charges.
Resolving landlord-tenant disputes often involves communication, understanding lease agreements, local housing laws, and may require legal intervention in some cases. Many jurisdictions have specific laws and procedures in place to address these disputes and protect the rights of both landlords and tenants.
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.