Rhode Island Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Rhode Island's fair housing law also prohibits housing discrimination on the basis of: age, sexual orientation, gender identity or expression, marital status, veteran or military status, status as a victim of domestic violence, and now, source of income.

Pursuant to RI law, to evict a month-to-month tenant, a landlord must send a 30 day notice to terminate the month to month tenancy. When the 30 day time period expires, then the landlord or the landlord's Rhode Island eviction lawyer may file a complaint for eviction in Providence District Court.

Question: As the tenant, how do I appeal the decision? against the landlord, you have five (5) full days after the date of your initial hearing to appeal the case to Superior Court. You should contact Rhode Island Legal Services at (401) 274-2652 for more information.

Tenants in Rhode Island should report violations to the local office or officers responsible for housing code enforcement.

HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.

Rhode Island is a somewhat landlord-friendly state because there are few rent control laws.

The maximum that a landlord can require a tenant to pay as a security deposit of any kind (security, cleaning, pet, last month's rent, etc.) in Rhode Island is the equivalent of one month's rent plus a furniture deposit equal to one month's rent if the rental unit meets the requirements.

We encourage you to work with your landlord to come to an agreed upon solution. If you have a pending eviction hearing, we encourage you reach out as soon as possible to RI Legal Services (401-274-2652) and/or The Center for Justice (401-491-1101) for legal assistance if you have not already done so.

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Rhode Island Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand