R.I. Gen. Laws ch. 34-18 § 34-18-38

Eviction for unlawfully holding over after termination or expiration of tenancy

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandSummary Process

Operative Text

R.I. Gen. Laws ch. 34-18 § 34-18-38
(a) If the tenant remains in possession without the landlord's consent after expiration
of the term of the rental agreement or after the termination of a periodic tenancy,
the landlord may commence an eviction action, which may be filed no earlier than the
first day following the expiration or termination of the tenancy. The action shall
be commenced by filing a "Complaint for Eviction for Reason Other Than for Nonpayment
of Rent," which shall be filed in the appropriate court according to the form provided
in § 34-18-56(e).


(b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the tenant has twenty (20) days from the date of service in
which to file their answer to the complaint, and that if the tenant fails to file
their answer within that time, the tenant will be defaulted. The matter may be assigned
for hearing in accordance with the rules of procedure of the appropriate court.


(c) If the tenant's holdover is willful and not in good faith, the landlord may also recover,
in addition to possession, an amount not more than three (3) months' periodic rent
or threefold the actual damages sustained by the landlord, whichever is greater, and
reasonable attorney's fees. If the landlord consents to the tenant's occupancy, the
parties may agree to a definite term. If no term is specified, the term shall be week-to-week
if the tenant pays on a week-to-week basis, and in all other cases, month-to-month.


(d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories
to the rental agreement living within the dwelling unit, the deceased's live-in caregiver
or any other person of at least eighteen (18) years of age residing in the dwelling
unit shall be permitted to continue the rental agreement for a period of time known
as the post-death rental grace period. Any such person residing in the dwelling unit
who chooses to continue the rental agreement shall be known as the grace period temporary
tenant. The following conditions shall apply:


(1) The grace period temporary tenant shall pay the agreed rent set forth in the rental
agreement and assume all other obligations of the tenant pursuant to the terms of
the existing rental agreement.


(2) If the landlord objects to assigning grace period temporary tenant status by contesting
whether the person was, in fact, residing in the unit, such person shall have the
burden of proving that they were, in fact, residing in the unit.


(i) The following items shall be accepted as evidence of residing in the unit:


(A) A current voter registration at the address in question;


(B) An official state identification card or motor vehicle license;


(C) A utility bill in the person's name indicating that the person resides at the address;


(D) A payroll check with the tenant's name and address of residence;


(E) A letter issued by a state or federal agency;


(F) An insurance policy or associated documentation;


(G) A jury duty summons;


(H) A W-2 form or other tax document;


(I) An installment loan contract;


(J) A social security administration statement;


(K) A pension or retirement account statement;


(L) An affidavit signed under penalty of perjury indicating that the person does, in fact,
reside in the unit; or


(M) Any other form of evidence that the department of housing may establish as sufficient
through rule or regulation.


(ii) Even if the person seeking grace period temporary tenant status shall present sufficient
evidence to satisfy the requirements of subsection (d)(2)(i) of this section, the
landlord shall have the right to present evidence to the district court to rebut the
claim that the person seeking grace period temporary tenant status does, in fact,
reside in the unit.


(3) The grace period temporary tenant may terminate the post-death rental grace period
at any time; provided, however, that the termination of the post-death rental grace
period shall not be construed to relieve the grace period temporary tenant from any
obligations incurred under the rental agreement during the duration of the post-death
rental grace period.


(4) The length of the post-death rental grace period shall be three (3) months or the
remaining term of the rental agreement, whichever is shorter, unless the grace period
temporary tenant chooses a shorter period, or the landlord and the grace period temporary
tenant mutually agree on a longer period. The post-death rental grace period shall
commence upon the death of the leaseholder.


(5) Rent due for part of a month shall be prorated.


(6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver
or any other person residing in the dwelling unit to continue the rental agreement
or assume any obligations of the rental agreement.


(7) Nothing in this section shall be construed to restrict the ability of the landlord
and dwelling unit resident(s) to enter into a new mutually agreeable rental agreement.


(8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of
the estate of the deceased tenant.


(9) Nothing in this section shall be construed to convey any civil or criminal liability
on the grace period temporary tenant for any actions of the deceased tenant.


(10) The landlord shall have the right to deduct damages to the dwelling unit incurred
by the deceased tenant or the grace period temporary tenant from a preexisting security
deposit, pursuant to the terms of the rental agreement, provided, however, the landlord
shall not have the right to require an additional security deposit from the grace
period temporary tenant. If the duration of the post-death rental grace period exceeds
one month, then the balance of the security deposit, net of damages deducted pursuant
to § 34-18-19, shall be allocated to the grace period temporary tenant. If the duration of the
post-death rental grace period does not exceed one month, then the balance of the
security deposit, net of damages deducted pursuant to § 34-18-19, shall be allocated to the estate of the deceased tenant.


(11) If multiple eligible residents of the dwelling unit separately elect to become grace
period temporary tenants, they shall be responsible for all obligations of the rental
agreement, including rent, on a joint and several basis.


(12) If an eligible resident of the dwelling unit continues to reside within the rental
unit for more than seven (7) days after the death of the deceased tenant, they shall
be assumed to have elected to become a grace period temporary tenant.


(13) If there is an ongoing eviction for noncompliance with the rental agreement pursuant
to § 34-18-36, the matter shall be permitted to continue as it relates to noncompliance with the
rental agreement by the grace period temporary tenant.
Source: Legislative text reproduced verbatim
Plain English

Rhode Island General Laws § 34-18-38 governs what happens when a tenant remains in a rental unit after their lease or periodic tenancy has ended. A landlord may file a formal eviction complaint starting the day after the tenancy expires, and a tenant who receives that complaint has 20 days to respond or risk a default judgment. The law also addresses two special circumstances: a landlord may seek enhanced damages of up to three months' rent or triple actual damages (plus attorney's fees) if a holdover is found willful and in bad faith, and it establishes a 'post-death rental grace period' allowing qualifying residents to continue a tenancy for up to three months after a leaseholder's death.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under § 34-18-38, a compliant operator files the designated 'Complaint for Eviction for Reason Other Than for Nonpayment of Rent' no earlier than the first day after the tenancy ends, using the court form referenced in § 34-18-56(e). When a leaseholder dies, operators generally recognize that eligible residents—such as live-in caregivers or other adults living in the unit—may assume a grace period temporary tenant status for up to three months, during which they are bound by the existing rental agreement's terms. Operators also note that they may not demand an additional security deposit from a grace period temporary tenant, though they retain the right to deduct documented damages from any preexisting deposit in accordance with § 34-18-19.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 34-18-38 gives tenants who receive an eviction complaint 20 days from the date of service to file a written answer with the court; missing that deadline can result in a default being entered. If a co-resident or live-in caregiver continues living in a unit after the primary leaseholder dies, they may qualify as a 'grace period temporary tenant' and remain for up to three months under the existing rental agreement's terms, without being required to pay an additional security deposit. Tenants who believe a landlord has not followed the procedures outlined in this section—such as filing prematurely or disputing grace period eligibility improperly—may find it useful to consult a tenant-rights organization or legal aid provider familiar with Rhode Island housing law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws § 34-18-46
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-20
R.I. Gen. Laws § 34-18-25
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-39
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-21
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-30
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-50
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-34
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-6
R.I. Gen. Laws § 34-18-49
R.I. Gen. Laws § 34-18-2.4
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-11
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-38.2
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-52
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-10
R.I. Gen. Laws § 34-18-8
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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