How to Evict a Roommate Not on the Lease in Rhode Island

Roommates, Subletting & Shared Housing Rhode Island published: June 21, 2025 Flag of Rhode Island

Sharing your apartment can get complicated, especially if a roommate who isn’t on the lease is causing issues or refusing to leave. In Rhode Island, renters often wonder if and how they can legally evict such a roommate. Understanding your rights and responsibilities under Rhode Island law is the best way to protect yourself and ensure a smooth process.

Understanding Roommate Arrangements in Rhode Island

Many renters live with roommates who are not listed on the official lease. This situation—sometimes called an "off-lease roommate" or "licensee"—can create difficulties if room sharing goes sour. In Rhode Island, the process to remove such a person differs from evicting a tenant listed on the lease.

Are Off-Lease Roommates Considered Tenants?

Rhode Island law defines a tenant as someone who pays rent directly to the property owner and is included in the rental agreement1. Roommates not on the lease usually do not have the same legal protections as "tenants," but they still have certain rights as occupants. If you want them to move out, you must follow a legal process.

Legal Steps: How to Remove a Roommate Who Isn't on the Lease

Rhode Island does not allow you to forcibly remove a person, even a roommate who isn’t on the lease, without following lawful procedures. Here are the main steps:

  • Give written notice to leave: Let your roommate know, in writing, when they are expected to move out.
  • If they refuse to leave: You may need to file an eviction action (called an “action in trespass and ejectment”) in District Court.
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Step 1: Giving Written Notice

Although your roommate isn’t technically a tenant under the law, it’s best to give them written notice—typically 30 days, unless another agreement exists. This creates a clear record that you’ve asked them to vacate.

Tip: Keep a copy of your written notice and proof that the roommate received it (e.g., certified mail receipt or a signed acknowledgment).

Step 2: Filing an Action in District Court

If your roommate won’t leave after the notice period, you must file a complaint in the Rhode Island District Court for "trespass and ejectment." The court handles roommate evictions when they are not part of the lease.

You'll file this form with the clerk at your local District Court. The District Court is Rhode Island’s tribunal that handles residential eviction matters.
View more: Rhode Island District Court - Landlord/Tenant

What Happens After You File?

After you file, the court will serve your roommate with notice of the hearing date. Both you and your roommate will have a chance to present your side. If the judge rules in your favor, an order will be issued requiring your roommate to leave, and law enforcement can assist with removal if necessary.

Your Responsibilities and Legal Risks

  • No self-help: You cannot lock out, remove belongings, or physically force a roommate out without a court order.
  • Avoid changing the locks or shutting off utilities to "force" them out—this is illegal in Rhode Island1.

Even for a non-lease roommate, always follow legal procedures to avoid personal liability or criminal consequences.

Relevant Legislation & Official Resources

Filing fees and timelines can change, so always check the latest rules through the District Court or seek legal aid if unsure.

FAQ: Evicting a Roommate Not on the Lease in Rhode Island

  1. Can I change the locks to remove my roommate who isn’t on the lease?
    No. Rhode Island law forbids changing locks or using self-help eviction. You must follow court procedures.
  2. How much notice should I give a roommate who’s not on the lease?
    It’s best to give at least 30 days’ written notice to vacate, unless you had another agreement.
  3. What happens if my roommate still refuses to leave after I win in court?
    If the court grants your eviction request, law enforcement can be authorized to remove your roommate if necessary.
  4. Do I need my landlord’s permission to start this process?
    If you are on the lease, you may need to notify your landlord of the situation, but removing a non-lease occupant is your responsibility as the legal tenant. Check your lease agreement and communicate with your landlord if unsure.

Conclusion: Key Takeaways

  • Roommates not named on the lease must be removed through Rhode Island’s court process—not by self-help measures.
  • Always give written notice and use the official complaint form for "Trespass and Ejectment."
  • The District Court is the authority for eviction actions in Rhode Island.

Following the legal process protects both you and your rights as a renter.

Need Help? Resources for Renters

  1. See the Rhode Island Residential Landlord and Tenant Act. Changing locks or forcibly removing someone without a court order is illegal.

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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