Providence Eviction Court Steps 2026–27: The 5-Day Demand, the Garrahy Hearing and the 5-Day Appeal
In Rhode Island, an eviction for unpaid rent moves fast once it starts, but the law gives tenants clear chances to stop it. The most important one comes before the case is ever filed: after a 5-day demand notice, you can pay the rent owed and the landlord must accept it. If a case is filed, Providence evictions are heard at the 6th Division District Court in the Garrahy Judicial Complex, usually 14 to 21 days after filing, and a tenant who loses has five calendar days to appeal.
This guide walks through a Providence nonpayment eviction step by step. It is general information, not legal advice. Your court papers, your lease and the judge's orders control your case. If you can, talk to Rhode Island Legal Services at (401) 274-2652, the number the District Court itself gives tenants.
Step 1: Rent Is More Than 15 Days Late
Under R.I. Gen. Laws § 34-18-35, the eviction process for nonpayment starts only when rent is more than 15 days in arrears. Rhode Island's Landlord Tenant Handbook (updated September 2024) gives a concrete example: if rent is due on the 1st, the landlord cannot send the demand letter until the 16th, not the 15th.
If you know you will be late, use this window. Gather proof of any payments, write to your landlord, and call 2-1-1 to ask about rent help in Providence.
Step 2: The 5-Day Demand Notice
The first formal paper is a Five Day Demand Notice for Non-Payment of Rent (court form DC-55). It must state the amount of rent more than 15 days in arrears and tell you that unless you pay all of it within five days of the mailing date, an eviction may be filed. The court's form says it plainly: "You can prevent the eviction by paying all the rent owing within five (5) days of the mailing of this notice."
How to count the five days: The handbook says the mailing day does not count. If the notice is mailed on the 16th, you have until the end of the day on the 21st to pay.
What you have to pay: Only the rent. The handbook says the amount to cure excludes late fees and other non-rent charges.
The landlord must accept it. If you deliver full payment within the five days, the landlord must take it. And if the landlord waits to file, you keep the right to pay the full rent owed up until the suit is filed. The landlord cannot refuse your payment and "opt" to evict instead. Keep proof of every payment or attempt to pay.
Step 3: The Complaint and Summons
If the rent is not paid by the sixth day after the notice was mailed, the landlord can file a Complaint for Eviction for Nonpayment of Rent in District Court. The statute says the case can be filed no earlier than the sixth day after mailing.
The handbook explains that the complaint and summons must be mailed to you by regular mail the same day they are filed, and a constable must also serve you. In a nonpayment case, the constable can simply post the papers at your home rather than hand them to you.
The summons lists your hearing date and time. The District Court says the clerk assigns nonpayment hearings 14 to 21 days from filing.
Landlord registration: The handbook notes that landlords filing nonpayment cases after October 1, 2024, must show they have registered with the Rhode Island Department of Health. If you think your landlord has not registered, tell a lawyer.
Step 4: File an Answer (You Can Bring It to Court)
You are not required to file an Answer, but it is how you tell the court what you dispute. The statute says the summons must tell you that you can file and serve your answer before or at the time of the hearing, and that if you do not answer or appear, you will be defaulted.
You can file it at the clerk's office and mail a copy to the landlord (or the landlord's lawyer), or bring it to your hearing. The court's tenant Answer form lists defenses you can check, including:
You offered the rent, the landlord refused it, and you are still able and willing to pay.
The landlord failed to keep the unit fit and habitable.
You have another legally justified reason for not paying.
You never got the required notice before the complaint was served.
The landlord is retaliating because you called code enforcement or took another protected action.
If the landlord says you owe more than you think, put that in your Answer too.
Step 5: The Hearing at the Garrahy Judicial Complex
Providence cases go to the 6th Division District Court, Garrahy Judicial Complex, One Dorrance Plaza, Providence, RI 02903, (401) 458-5400.
Arrive early. The handbook warns that your case may be called right at the time on the summons, and if you are not there you may lose automatically. Arriving early also gives you time to talk settlement.
Paying at the hearing: If this is the first time you have fallen behind, the handbook says you can avoid eviction by paying the entire rent owed plus court costs at the hearing. But if you received a valid 5-day demand letter in the six months before this case was filed, the landlord can refuse payment and go forward, even if that earlier letter never led to a court case.
Settlements: Many cases end with an agreement, such as a payment plan that lets you catch up and get the case dismissed, or an agreement to waive back rent if you move by a set date. Any settlement becomes a court order. A judge must read and approve it, and you cannot give up rights the Landlord-Tenant Act gives you (for example, a term saying you will not appeal is not enforceable). Get a copy from the clerk before you leave.
Trial: If there is no agreement, each side presents evidence. Bring your lease, receipts, bank records, texts, photos of conditions and any notices. If the landlord does not prove the case, the judge dismisses it. If the landlord does, the judge enters judgment for possession plus any back rent and court costs.
Discovery: If you ask for discovery before the hearing and show good cause, the statute lets the court continue the hearing to allow it, and the court may order interim rent while you wait.
Step 6: The Five-Day Appeal Window
After a judgment for possession, the District Court says the landlord cannot act for five calendar days, including Saturday, Sunday and holidays, after the hearing. This is your appeal period.
To appeal, you file with the court within those five calendar days to send the case to Superior Court. While the appeal is pending, you must keep paying rent as it comes due, or the Superior Court may dismiss your appeal. The court directs tenants to Rhode Island Legal Services at (401) 274-2652 for help.
Step 7: The Execution and the Move-Out
If you do not appeal, the handbook says the landlord can seek a Writ of Execution on the sixth day. The execution lets a sheriff or constable come to the unit, order you to leave and remove your belongings.
The landlord must move any belongings left behind to storage at the landlord's expense, but you must pay back those moving and storage costs to get your property back. If you can, move your important items before the execution is carried out.
What Your Landlord Cannot Do
Rhode Island bans "self-help" evictions. Your landlord cannot lock you out, change the locks, shut off utilities or remove your belongings without a court order. Only a judge can order you and your property removed.
If it happens, the handbook says you can ask the District Court for a Temporary Restraining Order to get back in or restore services, and you may recover the greater of three months' rent or three times your actual damages. Calling the police may also help.
After the Case: Sealing Your Eviction Record
Since January 1, 2024, Rhode Island tenants can ask the District Court to seal an eviction record. You file a motion at least 30 days after the appeal period ends and notify the other parties. The judge must seal it if you show at least one of these:
The case was dismissed on a motion to dismiss.
The case was settled by agreement and you met the terms.
Any money judgment was paid in full.
The case was dismissed for lack of prosecution after five years of inactivity by the landlord.
You can make one request every five years for each case.
Providence Eviction Checklist
Count the days: no demand letter until rent is more than 15 days late.
Pay all rent owed within 5 days of the notice's mailing date (not counting the mailing day), or before the case is filed, and keep proof.
Read the summons for your hearing date, usually 14 to 21 days after filing.
Fill out the court's tenant Answer form and bring it to court.
Arrive early at Garrahy, One Dorrance Plaza.
If you lose, appeal within 5 calendar days and keep paying rent.
Call Rhode Island Legal Services at (401) 274-2652.
Frequently Asked Questions
Do I have to pay late fees to stop the eviction? Not during the 5-day cure window. The handbook says the demand covers rent only, excluding late fees and other non-rent amounts.
Can I still pay after the case is filed? If this is your first time behind, yes: you can pay all rent owed plus court costs at the hearing. If you got a demand letter in the previous six months, the landlord can refuse.
Does the weekend count in the appeal period? Yes. The District Court says the five days are calendar days, including weekends and holidays.
Can the constable just tape the papers to my door? In a nonpayment case, yes. The handbook says the constable may post the complaint and summons at the home, and they must also be mailed to you.
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