What to Expect at Eviction Court in Rhode Island

Facing eviction is stressful, but understanding the Rhode Island eviction court process can help renters navigate their rights and prepare for what comes next. Whether you’ve received a notice or are unsure about what to do, it’s important to know what happens at court and where you can turn for help.

Who Handles Eviction Cases in Rhode Island?

In Rhode Island, eviction cases for residential tenancies are primarily handled by the Rhode Island District Court, specifically the landlord-tenant division. The laws that protect both tenants and landlords are found in the Rhode Island Residential Landlord and Tenant Act.¹

Eviction Process in Rhode Island: Step-by-Step Summary

Here are the main steps a renter can expect once an eviction process begins:

• Notice: The landlord must provide a written eviction notice, usually for nonpayment of rent or lease violation.
• Filing a Complaint: If the issue is not resolved, the landlord files a formal eviction complaint with the District Court.
• Serving Court Papers: You will be served official court papers (including the Summons and Complaint), listing your court date.
• Court Hearing: Both you and your landlord have a chance to present your side at the scheduled hearing.
• Decision: The judge will make a ruling—if eviction is granted, tenants may get a short period to move out, or you can appeal.

Each stage has deadlines and specific requirements, so pay attention to all paperwork you receive.

Essential Forms for Rhode Island Tenants in Eviction Cases

• Answer to Complaint for Eviction (Landlord-Tenant):
  Form Name: District Court Answer (no standard number)
  Download the Rhode Island District Court Answer Form
  When to use: If you’ve received a Complaint for Eviction, you can file this form to state your defenses or reasons why you should not be evicted. For example, if you believe the landlord did not make necessary repairs or the eviction notice was faulty.
  Action: Submit this answer before your court date, following instructions on your summons.

• Notice to Quit:
  Form Name: Notice to Quit for Nonpayment of Rent / Breach of Lease
  View the Official Rhode Island Notice to Quit Form
  When to use: This is typically provided by landlords, but as a tenant, it’s important to know what this looks like and that it must be properly served.

• Motion to Stay Execution of Eviction:
  Form Name: Motion to Stay (no standard number)
  Download the Motion to Stay Form
  When to use: If the judge orders an eviction but you need more time to move, you may file this form to ask the court to delay (stay) the actual eviction.
  Action: File as soon as possible after receiving the court’s decision.

What Happens at the Rhode Island Eviction Hearing?

The court hearing is your opportunity to present your side. At your scheduled hearing date, both parties can explain their situation and provide evidence:

• Arrive Early: Dress appropriately and bring all relevant documents (like notices, receipts, photos, or repair requests).
• Be Respectful: Address the judge and answer questions calmly.
• Present Defenses: If you have legal reasons you should not be evicted (such as improper notice or landlord failed to maintain the property), share them clearly.
• Interpreter Services: The court provides free interpreters if needed—ask ahead of your hearing.
• After Court: If you lose, you have a brief period (usually 5 days) before you must move out or appeal. If you win, you can remain in your rental.

What Should I Bring to Court?

Prepare by bringing the following:

• All court documents and copies of any forms you have filed
• Proof of rent payment (bank statements, canceled checks, receipts)
• Photos or documentation of repairs needed or completed
• Any communication (emails, texts) with your landlord relevant to the case

Appealing an Eviction Decision

If you disagree with the court’s decision, you may request an appeal within the timeline stated in your court order. This process can be complex, so consider contacting a legal aid organization (see resources below) or review the Notice of Appeal form and instructions on the Rhode Island District Court website.

FAQ: Rhode Island Eviction Court for Tenants

1. What if I can’t attend my eviction hearing?
   If you cannot attend, notify the court as soon as possible. Missing the hearing may result in the landlord automatically winning the case.
2. Can I stop an eviction if I pay the rent I owe?
   In many cases, if you pay all rent due plus court costs before the trial date, the case may be dismissed. Bring proof of payment to court.
3. What happens if I lose my case in eviction court?
   You’ll usually have about 5 days before the court issues a Writ of Execution. You can use this time to move out, appeal, or ask the judge for a stay (extension).
4. Do I need a lawyer for eviction court?
   No, but legal representation or advice can be very helpful. Free or low-cost legal help is available—see the resources section below.

Conclusion: Key Takeaways

• Eviction cases in Rhode Island are handled by the District Court under the Residential Landlord and Tenant Act.
• Read all court notices carefully and respond using the proper forms and before deadlines.
• Bringing evidence and understanding your rights can make a significant difference at your hearing.

If you’re facing eviction, act quickly, know your rights, and reach out for help if needed.

Need Help? Resources for Renters

• Rhode Island District Court: Landlord-Tenant Information
• Read the Rhode Island Residential Landlord and Tenant Act
• RIHousing: Renters’ Support and Legal Aid
• Rhode Island Legal Services – free legal support for eligible tenants
• Dial 2-1-1 for immediate housing referrals and tenant support in Rhode Island

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1. Rhode Island Residential Landlord and Tenant Act
2. Rhode Island District Court – Landlord-Tenant
3. Rhode Island District Court Answer Form
4. Notice to Quit Form
5. Motion to Stay Form
6. Notice of Appeal Form

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