Rhode Island Partial Rent Payments: Your Rights and Eviction Risks

Many Rhode Island renters face financial challenges and may find it hard to make full rent payments on time. If you're struggling and can only make a partial rent payment, it's important to understand how this affects your rights and the eviction process in Rhode Island. This guide explains your legal protections, landlord obligations, and what steps you can take to protect yourself.

Understanding Partial Rent Payments in Rhode Island

Under Rhode Island law, rent is generally due in full according to your lease. However, life happens, and sometimes you may only be able to make a partial payment for a given month. It's crucial to know how landlords may respond and what this means for your risk of eviction.

• Landlords are not required to accept partial payments, but some may do so informally or as part of a payment arrangement.
• If a landlord accepts a partial payment, this does not automatically stop an eviction for the unpaid balance unless you and the landlord agree in writing.
• The details of partial payments and their effect on eviction are addressed under the Rhode Island Residential Landlord and Tenant Act.¹

Can a Landlord File for Eviction After a Partial Payment?

Yes. In Rhode Island, if you pay only part of your rent, your landlord may still begin eviction for the unpaid portion. However, if your landlord accepts a partial payment, they may need to provide a new 5 Day Demand Notice reflecting the remaining balance.

Official Forms Related to Eviction and Partial Payments

• 5 Day Demand Notice for Nonpayment of Rent
  • When used: Landlords must give this written notice if you have not paid all of your rent. It gives you five days to pay the balance, including after a partial payment.
  • Example: If your monthly rent is $1,000 and you pay $500, the landlord can issue this notice for the remaining $500.
  • Download the official 5 Day Demand Notice form
• Complaint for Eviction for Nonpayment of Rent (District Court Form 62-1A)
  • When used: If you do not pay the balance within five days of the notice, your landlord can file this court form to start eviction proceedings.
  • Example: After receiving the 5 Day Demand Notice and not paying the remaining amount, you may receive a formal court complaint.
  • View and download Complaint for Eviction

Eviction Process Overview in Rhode Island

If you fall behind on rent—even by paying only part of what you owe—your landlord must follow strict steps before you can be evicted. These steps are designed to give renters a fair chance to catch up or to defend themselves in court.

• You must first receive a 5 Day Demand Notice before any court action.
• If you pay the full outstanding amount within five days, eviction for nonpayment must stop.
• If you do not pay, your landlord files a Complaint for Eviction for Nonpayment of Rent in the Rhode Island District Court, which is the official tribunal for housing cases.²
• You will receive notice of a court date where you can present your case.
• If you catch up on full rent even after being served, you may be able to ask the court to stop the eviction process.

Key Law for Rhode Island Renters

Your rights and responsibilities are set out in the Rhode Island Residential Landlord and Tenant Act, especially Section 34-18-38 (Nonpayment of Rent).¹

What To Do If You Can Only Make a Partial Payment

If you're unable to pay your full rent, communicate as early as possible with your landlord. Document your payment and keep records. If a formal notice is served, respond promptly and seek help if needed.

• Try to get your landlord’s agreement in writing regarding your partial payment and payment plan, if possible.
• If given a 5 Day Demand Notice, understand that you have five days to pay the balance or face eviction court action.
• Seek assistance from local or state rental assistance programs if you need help paying rent.

Knowing these steps can help you protect your rights and avoid unnecessary eviction proceedings.

Frequently Asked Questions (FAQ)

1. Can my landlord evict me if I pay part of my rent in Rhode Island?
   Yes. Unless your landlord agrees in writing to accept a partial payment as full satisfaction, they can still start eviction if the full rent is not paid.
2. Does accepting a partial payment mean the landlord can't evict me?
   No. Acceptance of a partial payment alone does not waive the landlord’s right to evict for the remaining unpaid balance, unless your landlord puts this agreement in writing.
3. How much time do I have to pay unpaid rent after getting an official notice?
   You have five days after receiving the 5 Day Demand Notice to pay any remaining rent before your landlord can file for eviction in District Court.
4. What should I do if I receive a 5 Day Demand Notice?
   Pay the remaining rent owed within five days or seek help from a local support agency to avoid eviction court proceedings.
5. Where can I find official eviction forms and more information?
   All forms and information are available through the Rhode Island Court Trespass and Eviction Forms page.

Key Takeaways for Rhode Island Renters

• Partial rent payments do not usually stop the eviction process unless the landlord agrees in writing.
• Respond quickly to any official notice and keep records of all payments.
• If you face a court eviction, you may be able to avoid removal by paying the balance owed—even at a late stage.

Need Help? Resources for Renters

• Rhode Island District Court – handles all residential eviction cases and forms.
• Rhode Island Office of Housing and Community Development – Rental Assistance
• RI Housing – Renter Resources & Help
• For legal aid and support, contact Rhode Island Legal Services – Housing Unit

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1. Rhode Island Residential Landlord and Tenant Act, especially Section 34-18-38: Nonpayment of Rent
2. Rhode Island District Court – Trespass and Eviction

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