Q. What does Rhode Island law require for a lender to evict a tenant?

A. The lender must give the occupants “reasonable notice” before initiating an eviction.

Q. Does a lender need a court order to evict a tenant?

A. Yes.

Q. Does a tenant have to move out if offered money — “cash-for-keys” — from the lender or its agent to do so?

A. No. The tenant may remain on the premises until an eviction action is completed.

Q. What happens if a tenant does not leave after receiving a “notice to vacate the premises”?

A. The tenant will receive a 20-day summons to appear in court.

Q. Does the tenant have to respond to the summons?

A. Yes.

Q. What if the tenant does not respond or is unable to appear in court on the date of the trial?

A. A “default judgment” for the lender to take possession of the premises can be entered, meaning that the tenant will be evicted on the date set by a judge.

Q.If a tenant is evicted, what happens to the belongings inside the house?

A. A sheriff or constable will serve the tenant with an “execution of eviction” and movers will pack up the belongings and place them in storage. The only way a tenant can recover possessions is to reimburse the bank — or, in some cases, the landlord — for the eviction, moving and storage costs, which generally run from $1,500 to $2,000.

Q. What should tenants do if they think their house is in the process of being foreclosed?

A.Try to find out if the property has been advertised for foreclosure sale by checking legal notices in the newspaper or on the Internet. They should also look for another place to live.

Q. If a tenant discovers that his house is in the process of foreclosure, is he required to keep paying rent to the landlord?

A. Until the foreclosure is completed — with the transfer of the property deed to the lender at a city or town hall — the property still belongs to the landlord and the tenant can be held responsible for rent. If the tenant stops paying rent and foreclosure is stopped, the landlord can bring the tenant to court for nonpayment of rent.

Q. Can tenants recoup their security deposit?

A. Courts generally have held that lenders have no obligation to reimburse tenants’ for security deposits.

Source: Rhode Island Legal Services