Evicting a tenant is one of the most time consuming, costly experiences you will have as a rental property owner. All too often we see D.I.Y. landlords in court for an eviction, and then the unthinkable happens; the Judge dismisses the case! What can happen is if one little piece of information is incorrect the case becomes null and void. For example, Rhode Island State Law requires that you mail the 5 day demand notice on or after the 16th day of the month. This gives the tenant 5 days from when the notice was mailed to pay the rent in full or be subject to an eviction filing. Sometimes, however, the 16th day falls on a Sunday or Holiday. If you mail the demand on one of these days the notice becomes null and void because there was no mail service on that day. You have to send the notice strictly on days the USPS is operational. It is essential you follow all requirements throughout the eviction process such as this example to ensure you don't grant the tenant more free time in your house. By using our free Rhode Island five day demand letter generator you have eliminated one potential mistake, and you are now 1 step closer to getting possession of your property again!
Here is a sample timeline of how a typical Rhode Island eviction goes::
1st Day Of The Month: Rent is due
6th Day Of The Month: Rent is still due, and a late fee is now applied
16th Day Of The Month: Rent is unpaid and the 5-day demand letter is sent via USPS
22nd Day Of The Month: Rent is unpaid and now the case is filed at District Court
Court Summons: The tenant served a summons to appear in court in 9 days
Court Date: Tenant appears in court with no attorney and brings partial payment
Resolution: Tenant agrees to sign a stipulation agreement (Payment plan) for the remaining balance owed + court costs/attorney’s fees. This agreement is then signed by the property manager, and finally, the judge
Moving Forward: The property manager monitors the tenant’s payments and payment schedule to ensure they are on time
Missed Payment: If a tenant misses a payment the property manager can then notify the court and obtain the execution for possession
Physical Removal Of Tenant: Once the execution is obtained a State Constable is enacted to arrange the move out of the tenants. If the tenants do not leave voluntarily the police and a moving company are called in. This is very rare!
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