Rhode Island Renters’ Rights in a Foreclosure

If you’re renting a home or apartment in Rhode Island and you learn your landlord’s property is facing foreclosure, it’s natural to feel uncertain about your future. Understanding your rights and protections under Rhode Island law can help you stay informed, protect your tenancy, and respond confidently if you are affected by foreclosure.

What Happens to Renters When a Property is Foreclosed?

In Rhode Island, if your landlord’s property enters foreclosure, the ownership may change—but as a renter, you still have specific rights. Federal and state laws, including the Protecting Tenants at Foreclosure Act (PTFA), may offer you additional protections.

• The foreclosure itself does not automatically end your lease.
• The new owner (often the bank) must follow proper legal procedures if they want you to move out.
• You are generally entitled to advance written notice before any eviction can take place.

The Rhode Island District Court handles most residential eviction cases, including those following a foreclosure. Tenancies in the state are governed by the Rhode Island Residential Landlord and Tenant Act^[1].

Eviction Rules After a Foreclosure

A foreclosure does not automatically mean immediate eviction. Here’s what you should know:

• If you have a written lease, you typically have the right to stay for the remainder of your lease, unless the new owner intends to occupy the property as their primary residence.
• Month-to-month tenants generally must be given at least 90 days’ written notice to vacate, according to federal law.
• Eviction proceedings must follow standard Rhode Island processes—no "self-help" evictions are allowed.

Official Notice Requirements

The new owner must serve you an official written notice, such as the Notice to Quit. This notice informs you that your tenancy is ending and gives a specific move-out date. If you don’t leave by the deadline, they must file an eviction case in the District Court.

• Example: If you receive a "90-Day Notice to Vacate" after foreclosure, review the letter carefully to determine your move-out date and next steps.

You can view more about Rhode Island’s eviction and notice requirements, including sample forms, on the Rhode Island Judiciary’s Eviction Information page.

Your Options and Action Steps During Foreclosure

It’s important to respond carefully to any notice you receive related to the foreclosure or eviction process. Here are your main options:

• Confirm the foreclosure has occurred (ask for documentation if you are unsure).
• Read all notices and keep copies for your records.
• If you receive a Summons & Complaint for Eviction (for Nonpayment of Rent or Other Cause), you have the right to appear in court and present your case.
  
  • Form Name: Summons & Complaint
    Use: This will be served if the new owner files for eviction. Attend your court date to explain your situation.
    Official Summons & Complaint Form (DC-CV-010).
• Consult with a legal aid agency if you need help understanding your rights.

Relevant Rhode Island Forms and Procedures

• Summons & Complaint for Eviction (DC-CV-010):
  • When to Use: If you are served with this form, respond by appearing at the District Court on the listed date. This is your opportunity to explain your tenancy status and seek more time if needed.
  • View the official Summons & Complaint form here.

The Rhode Island District Court (official court site) is the tribunal that handles residential evictions in the state.

Know Your Protections Under the Law

Your rights during a foreclosure are protected by a mix of state and federal law, including:

• Rhode Island Residential Landlord and Tenant Act
• Protecting Tenants at Foreclosure Act (PTFA)

These laws provide you with important notice periods and court hearing rights before any move-out can be enforced.

Frequently Asked Questions

1. Can I be evicted right away after my building is foreclosed?
   No. You are entitled to receive notice and can only be evicted through a legal process and with a court order.
2. Does foreclosure end my lease early in Rhode Island?
   Usually, your lease continues until it expires—unless the new owner will live in your unit, in which case you must receive at least 90 days’ notice.
3. Should I keep paying rent after foreclosure?
   Yes. Keep paying unless the new owner gives new instructions about where to send rent. Always get receipts for your payments.
4. What should I do if I receive a Summons & Complaint?
   Attend court on the scheduled date and bring copies of your lease, rent receipts, and any notices you have received. You can present your side and ask for more time to move if needed.

Conclusion: What Every Rhode Island Renter Should Know

• Foreclosure does not erase your lease or automatically require you to move.
• You must receive proper written notice and can only be evicted through the District Court.
• Consult local legal resources if you get an eviction notice or need assistance understanding your rights.

Knowing your rights under Rhode Island and federal law can help you protect your housing and respond with confidence during a foreclosure situation.

Need Help? Resources for Renters

• Rhode Island District Court – Eviction filings and court information (includes forms and schedules)
• Rhode Island Residential Landlord and Tenant Act – Full state law text
• RIHousing Rental Resource Center – Housing assistance, support, and mediation
• Rhode Island Legal Services – Free legal help for qualifying tenants
• Protecting Tenants at Foreclosure Act information

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1. Legislation: Rhode Island Residential Landlord and Tenant Act
2. Rhode Island District Court: Residential eviction info and forms
3. Protecting Tenants at Foreclosure Act: Federal Law (PTFA)

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