Rhode Island Commercial Eviction Process: Legal Steps

Commercial evictions in Rhode Island are primarily governed by the terms of the lease agreement and Title 34, Chapter 18.1 (Commercial Leasing and Other Estates), which has been in effect since 1986. While this framework provides landlords more flexibility than residential statutes, it mandates a judicial process for possession; self-help evictions are strictly prohibited under § 34-18.1-15.

Key Differences from Residential Eviction

Grounds for Commercial Eviction

Commercial landlords may pursue eviction for:

1. Nonpayment of rent — Including base rent, CAM charges, and additional rent
2. Lease violations — Unauthorized use, subletting, alterations without consent
3. Lease expiration — Tenant holding over past the lease term
4. Breach of conditions — Failure to maintain insurance, code violations, illegal activity
5. Bankruptcy — Subject to federal bankruptcy court automatic stay provisions
6. Assignment without consent — Transferring the lease without landlord approval

Eviction Process for Nonpayment

Step 1: Verify the Default

• Confirm the rent default according to the timeline specified in the lease agreement.
• Under R.I. Gen. Laws § 34-18.1-9, a landlord may file for possession once rent is in arrears for fifteen (15) days.
• Review the lease for any specific notice or cure periods that may override or supplement the statutory right.

Step 2: Serve Notice (If Required)

• While statute does not require a formal "notice to quit" for nonpayment after 15 days of arrears, many commercial leases mandate a written notice and cure period.
• Serve notice exactly as required by the lease terms (e.g., certified mail, hand delivery).
• If the lease is silent, landlords may technically proceed after the 15-day arrears period, though a courtesy demand is best practice.

Step 3: File in Court

• File a Complaint for Trespass and Ejectment in the Rhode Island District Court for the judicial district where the property is located.
• Include a copy of the lease agreement and evidence of the nonpayment.
• Pay the required filing fee (varies by district).

Step 4: Court Hearing

• The court will schedule a hearing
• Present evidence of the default, lease agreement, and notice compliance
• If the court rules in your favor, a judgment for possession is issued

Step 5: Writ of Execution

• If the tenant does not voluntarily vacate, obtain a writ of execution
• A sheriff or constable will carry out the physical removal
• Coordinate with the sheriff for scheduling

Lease-Based Remedies

In addition to eviction, commercial leases often include remedies that landlords can exercise:

Acceleration of Rent

The lease may allow the landlord to declare all remaining rent due immediately upon default.

Landlord's Lien

Some leases grant the landlord a lien on the tenant's personal property and trade fixtures located on the premises.

Re-entry Rights

The lease may grant the landlord the right to re-enter the premises and relet to a new tenant on the defaulting tenant's behalf.

Mitigation of Damages

Rhode Island commercial landlords generally have a duty to mitigate damages by making reasonable efforts to relet the space. The defaulting tenant remains liable for the difference.

Holdover Tenants When a commercial tenant remains after the lease expires:

• The lease should specify the consequences of holding over
• Common penalties include rent at 150–200% of the previous rate
• Accepting rent from a holdover tenant may create an implied month-to-month tenancy
• Serve a formal notice to quit to establish your intention to reclaim the space

Prohibited Actions Even in commercial evictions, landlords cannot:

• Change locks without a court order (self-help eviction is illegal)
• Remove tenant property without legal authority
• Shut off utilities to force the tenant out
• Use physical intimidation or threats

Best Practices for Landlords

1. Draft strong lease provisions — Include clear default definitions, cure periods, and remedies
2. Act promptly — The longer you wait, the more rent loss accumulates
3. Document everything — Maintain records of all notices, payments, and communications
4. Consult an attorney early — Commercial eviction is highly fact-specific
5. Consider negotiation — A negotiated surrender may be faster and less costly than litigation
6. Mitigate damages — Begin marketing the space promptly to reduce losses

How Landager Helps

Landager's commercial property management tools help you track rent payments, monitor lease compliance, generate notices, and maintain the documentation needed for eviction proceedings — reducing legal risk across your commercial portfolio.

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