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A Rhode Island lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Notice Form | Lease Type |
10 Day Notice To Vacate | Weekly |
30 Day Notice To Vacate | Monthly / Less than 1 Year |
90 Day Notice To Vacate | Yearly |
A Rhode Island 10 Day Notice To Vacate terminates week-to-week leases as well as unwritten rental arrangements where the tenant pays rent weekly. The non-terminating party must receive notice at least ten (10) calendar days before the termination date. [1]
A Rhode Island 30 Day Notice To Vacate terminates a month-to-month lease or any periodic tenancy of more than one (1) month, but less than one (1) year. This form may also terminate an expired lease or an unwritten rental arrangement where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date. [2]
A Rhode Island 90 Day Notice To Vacate provides notice to end a year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date. [3]
To ensure the legal compliance of a lease termination notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Rhode Island landlords and tenants may deliver a lease termination notice by any method which adequately informs the other party. The law recognizes these methods as having a presumption of legal validity: [4]
By default, notice is considered complete when it is received by the other party. Mailed notice extends a notice period by one (1) calendar day, to account for variable delivery times. [5]
Termination of Tenancy
The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice.
The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice.
Termination of Tenancy
The landlord or tenant may terminate a year-to-year tenancy by written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least three (3) months prior to the expiration of the occupation year.
(a) (1) A person has notice of a fact if:
(i) He or she has actual knowledge of it;
(ii) He or she has received a notice or notification of it; or
(iii) From all the facts and circumstances known to him or her at the time in question he or she has reason to know that it exists.
(2) A person “knows” or “has knowledge” of a fact if he or she has actual knowledge of it.
(b) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when:
(1) It comes to his or her attention; or
(2) It is delivered in hand or sent by first class mail to him or her at a place held out by him or her as the place for receipt of the communication, or in the absence of such designation, to his or her last known place of residence.
(c) “Notice,” knowledge or a notice or notification received by an organization, is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his or her attention if the organization had exercised reasonable diligence.
Additional Time After Electronic Service or Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party, and the notice or paper is served upon the party electronically or by mail, one (1) day shall be added to the prescribed period.