Evictions
Eviction Process
Eviction Process — Nonpayment
Demand Notice
Cannot be given until you are fifteen (15) days late with rent and must give you five (5) days to pay the rent owed.
Cure Period
You have five days to pay the FULL amount of rent owed. The landlord can deny your payment if it is less than the full amount owed or after the 5 days.
Eviction Filed
An eviction will be filed in the appropriate district court and will be filed on the appropriate court forms. The complaint will state the amount of rent owed as of that day.
Service
The eviction paperwork that was filed with the court will be formally served to you by a Sheriff. It will include your eviction hearing date. (Be aware of COVID Procedures)
Hearing
If an attorney is involved, you will meet with the attorney to try and work out an agreement away from the Judge. If both parties are unrepresented, they will be referred to mediation.
Judgement
You will either enter into a stipulation agreement to resolve the case or be formally evicted by the Judge. This is when the appeal period starts.
Execution
When the appeal period ends or you fail to abide by the stipulation agreement you signed, the landlord will obtain an execution and a Sheriff will show up at your apartment to forcibly remove you. This can happen with little or no notice.
Eviction Process — Noncompliant
Notice of Noncompliance
Landlord will send you a notice saying that you are exhibiting behavior that violates your rental agreement; i.e. smoking, having pets, dealing narcotics.
Cure Period
Eviction Filed
An eviction will be filed in the appropriate district court and will be filed on the appropriate court forms. The complaint will state the behavior of which you have failed to cure.
Service & Answer Period
The eviction paperwork that was filed will be formally served to you by a Sheriff. It will give you twenty (20) days to file an Answer on the appropriate forms.
Trial or Default
If you file an answer on time, the landlord will request a trial before a Judge to decide if you have violated the agreement and should be evicted. If you fail to answer on time, you will be “defaulted” and will move directly to the execution stage.
Judgement
You will either enter into a stipulation agreement to resolve the case or be formally evicted by the Judge. This is when the appeal period starts.
Execution
When the appeal period ends or you fail to abide by the stipulation agreement you signed, the landlord will obtain an execution and a Sheriff will show up at your apartment to forcibly remove you. This can happen with little or no notice.
Eviction Process — Termination of Periodic Tenancy
Termination of Tenancy Notice
Landlord will send you a notice terminating your tenancy and giving you a date by which you need to have vacated your apartment.
Move Out Period
You have until the termination date listed in the notice to move out of your apartment. If you fail to leave by that date, you will be considered a holdover tenant.
Eviction Filed
An eviction will be filed in the appropriate district court and will be filed on the appropriate court forms. The complaint will state that you failed to vacate your apartment.
Service & Answer Period
The eviction paperwork that was filed will be formally served to you by a Sheriff. It will give you twenty (20) days to file an Answer on the appropriate forms.
Trial or Default
If you file an answer on time, the landlord will request a trial before a Judge to decide if you failed to vacate your apartment by the date listed on the notice. If you fail to answer on time, you will be “defaulted” and will move directly to the execution stage.
Judgement
You will either enter into a stipulation agreement to resolve the case or be formally evicted by the Judge. This is when the appeal period starts.
Execution
When the appeal period ends or you fail to abide by the stipulation agreement you signed, the landlord will obtain an execution and a Sheriff will show up at your apartment to forcibly remove you. This can happen with little or no notice.
OSDRI Evictions
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(401) 383-4730
(401) 383-9107
1010 Hartford Ave.
Johnston, Rhode Island 02919