R.I. Gen. Laws ch. 34-18 § 34-18-35

Eviction for nonpayment of rent

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandEviction & Just Cause

Operative Text

R.I. Gen. Laws ch. 34-18 § 34-18-35
(a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the
landlord shall send a written notice, in a form substantially similar to that provided
in § 34-18-56(a), specifying the amount of the rent which is fifteen (15) days in arrears, making
demand for the rent, and notifying the tenant that unless he or she cures the breach
within five (5) days of the date of mailing of the notice, the rental agreement shall
terminate, and the landlord shall commence an eviction action in the appropriate district
court or housing court.


(b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears
within five (5) days of the date of mailing of the notice, the landlord may commence
an eviction action against the tenant, which shall be filed no earlier than the sixth
(6th) day after mailing of the written demand notice. The action shall be commenced
by filing a "Complaint for Eviction for Nonpayment of Rent" in the appropriate court
in the form provided in § 34-18-56(d).


(c) The summons for eviction for nonpayment of rent shall specify the date for hearing
and be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file and serve his or her answer
prior to or at the time of hearing, and that if he or she fails to answer or appear
at the hearing, he or she shall be defaulted.


(d) If the defendant files his or her answer and commences discovery prior to the hearing,
and it appears, for good cause shown, that the defendant will not be able to conduct
his or her defense without the benefit of discovery, the court may continue the hearing
to allow a reasonable time for the completion of discovery. In the case of such a
continuance, the court may, in its discretion, order interim rent, or other remedy,
to be paid to preserve the status quo pending hearing. Except as provided in this
chapter, the landlord may recover possession and actual damages. In cases where the
tenant had received a demand notice pursuant to subsection (a) within the six (6)
months immediately preceding the filing of the action, and the tenant's nonpayment
was willful, the landlord may also recover a reasonable attorney's fee.


(e) The tenant shall have the right to cure his or her failure to pay rent by tendering
the full amount of rent prior to commencement of suit. If the tenant has not received
a notice pursuant to subsection (a) of this section within the six (6) months immediately
preceding the filing of the action, the tenant shall have the right to cure his or
her failure to pay rent after commencement of suit by tendering the full amount of
rent in arrears, together with court costs, at the time of hearing.
Source: Legislative text reproduced verbatim
Plain English

Under Rhode Island General Laws § 34-18-35, when rent is at least 15 days overdue, a landlord must send a written notice specifying the amount owed and giving the tenant 5 days from the mailing date to pay before the rental agreement can be terminated. If the tenant does not pay within that window, the landlord may file a formal eviction complaint in district or housing court no sooner than the sixth day after the notice was mailed. Tenants retain a right to cure the nonpayment by paying the full amount owed before a lawsuit is filed, and in some circumstances may also cure after the suit begins by paying all arrears plus court costs at the time of the hearing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Operators managing Rhode Island rental properties should be aware that § 34-18-35 establishes a mandatory pre-eviction notice process: once rent is 15 days past due, a written demand notice in the form described in § 34-18-56(a) must be sent before any court action can begin. Compliant operators track the mailing date carefully, since the eviction complaint cannot be filed until the sixth day after that notice was sent. In cases where a tenant has received a prior demand notice within the preceding six months and the nonpayment is found to be willful, the statute also allows recovery of actual damages and a reasonable attorney's fee.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Rhode Island tenants facing eviction for unpaid rent should know that § 34-18-35 requires landlords to send a written demand notice and allow a 5-day cure period before any eviction action can legally begin. A tenant who pays the full amount of rent owed before a lawsuit is filed has a statutory right to cure the breach and stop the eviction process. If no prior demand notice was sent within the six months before the filing, a tenant may also have the right to cure by paying all arrears and court costs at the hearing itself; tenant-rights organizations and legal aid services can help clarify which options may apply under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws § 34-18-46
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-20
R.I. Gen. Laws § 34-18-25
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-39
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-21
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-30
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-50
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-34
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-6
R.I. Gen. Laws § 34-18-49
R.I. Gen. Laws § 34-18-2.4
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-11
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-38.2
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-52
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-10
R.I. Gen. Laws § 34-18-8
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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