Grounds for evicting a lot tenant in Rhode Island
In Rhode Island, a resident who owns their mobile or manufactured home and rents the lot is a protected tenant. You cannot end a lot tenancy for no reason. Under R.I. Gen. Laws §31-44-2, a park may terminate a tenancy only for one of six enumerated grounds: nonpayment of rent, utility, or reasonable incidental service charges; failure to comply with local ordinances or state/federal law relating to mobile/manufactured homes or parks; damage to the premises beyond reasonable wear and tear; repeated conduct that disturbs the peace and quiet of other tenants; failure to comply with reasonable written park rules; and condemnation or change of use of the park.
For every ground except nonpayment, the statute requires written notice to the tenant to remove from the premises within a period of not less than sixty (60) days. Plan on 60 days as your default for-cause notice.
Whatever conduct you intend to rely on must be spelled out in the lease. Section 31-44-7 requires that any action that may be grounds for eviction be clearly stated in the lease, so a tight, compliant lease is your first line of defense.
Nonpayment of rent
Nonpayment is the one ground with a shorter clock. Section 31-44-2 provides that upon grounds of nonpayment of rent, a tenancy may be terminated upon giving thirty (30) days notice. That is longer than the ordinary Rhode Island residential 5-day demand under §34-18-35 — the park statute governs your lot tenancies, so use 30 days, not 5.
The tenant has a strong cure right: if the resident pays or tenders all arrearages due before the notice to quit expires, the eviction fails. Build your process around that reality — accept a full cure through the deadline.
Rent carries a seven-day grace period, and a late charge is capped at 5%. Do not tack on charges before the grace period runs or above the statutory cap, or you hand the tenant a defense.
Rule and lease violations, damage, and disturbances
For violations of park rules and for violations of local ordinances or state/federal law, Rhode Island requires a two-step approach. First give the resident written notice of the specific noncompliance and a reasonable opportunity to fix it. Only if they fail to cure may you proceed to a 60-day notice to quit. Skipping the cure step is the most common way these cases get thrown out.
Damage to the premises beyond reasonable wear and tear, and repeated conduct that disturbs the peace and quiet of other tenants, are also for-cause grounds carrying the 60-day notice. Document them contemporaneously — photos, dated inspection notes, and complaints from other residents.
Because your rules are enforceable only if they are reasonable and were properly adopted, keep your written rules current and on file. Section 31-44-3 requires at least 45 days' notice before a rule change takes effect and gives residents a 20-day window to complain, and rules that treat similar residents unequally are presumptively unreasonable.
Park closure, change of use, and the resident's home
Closing a park or converting its use is not a routine eviction in Rhode Island. While condemnation or change of use is listed as a for-cause ground under §31-44-2 (60-day notice), an actual discontinuance of the park triggers §31-44-3.2, which requires at least one year written notice by certified mail return receipt requested to each mobile home resident. Treat closure as a one-year project and confirm the procedure with counsel before you start.
Remember the resident owns the home; you rent them the ground under it. Section 31-44-4 forbids you from denying a resident the right to sell the home while it sits in the park, and forbids requiring removal simply because of a sale. Sale-in-place, not removal, is the default Rhode Island outcome.
The statute puts you on tight clocks around a sale: act on a purchaser or home-condition request within 10 days (silence is deemed approval), give any rejection in writing within 10 days, and refund a rejected purchaser's fees within 30 days, with disputes going to the director. When a tenancy does end, the notice period (60 or 30 days) is the resident's window to remove the home — and no removal or dispossession happens without a District Court order.
Typical timeline in Rhode Island
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Day 0 — Curable violation notice (rules/ordinances)For rule or law violations, first serve written notice of the specific noncompliance and give a reasonable opportunity to cure. This step is mandatory before any notice to quit.
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Notice to quit — 30 days (nonpayment) or 60 days (all other grounds)Serve written notice to remove from the premises: 30 days for nonpayment of rent/charges, at least 60 days for every other ground, per §31-44-2.
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Cure period runs concurrently (nonpayment)The tenant defeats a nonpayment eviction by paying all arrearages due before the notice expires; honor a full tender through the deadline.
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File Complaint for Eviction in District CourtAfter the notice period ends without cure, file in the Rhode Island District Court under Title 34, ch. 18 procedures, pay the filing fee, and have the Summons and Complaint served.
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District Court hearing and judgmentThe court sets a hearing; if you prevail, you obtain a judgment for possession. Timing depends on the court's calendar and any tenant defenses.
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Execution — removal only by court orderOnly after judgment and execution may possession be enforced. The resident's home is removed or sold in place; nothing happens by self-help.
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Park closure — one full yearA true discontinuance of the park requires at least one year's certified-mail written notice to every resident under §31-44-3.2 — a separate, much longer track.
Operator best practices in Rhode Island
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Build a relationship with a Rhode Island MHP attorneyRhode Island's mobile-home law is protective and detail-heavy. Retain counsel who handles ch. 31-44 lot evictions before you need them, and have them review your notices and lease.
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Use a compliant, ground-specific leaseSection 31-44-7 requires that any conduct you might evict for be stated in the lease. Spell out grounds, rules, rent, grace period, and the 5% late-cap so your notices hold up.
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Default to 60 days, and 30 for nonpaymentCalendar the correct clock for each ground — 60 days for cause, 30 days for nonpayment — and never rely on the ordinary 5-day residential demand for a lot tenancy.
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Always send the curable-violation notice firstFor rule and ordinance violations, give written notice and a real chance to cure before the notice to quit. Missing this step is the fastest way to lose in District Court.
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Honor the arrearages cure and grace periodAccept full payment of arrears through the notice deadline, apply the 5% late cap only after the 7-day grace period, and keep clean ledgers to prove the balance.
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Support sale-in-place over removalUnder §31-44-4 you cannot block a resident's sale of the home in the park or force removal because of a sale. Meet the 10-day response, 10-day rejection, and 30-day refund deadlines.
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Never use self-helpNo lockouts, utility shutoffs, or towing. Removal or dispossession requires a District Court judgment and execution — anything else exposes you to liability.
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Treat park closure as a one-year projectDiscontinuance triggers §31-44-3.2's one-year certified-mail notice to every resident, plus the tenants' association right of first refusal on a park sale (§31-44-3.1). Plan and paper it well ahead.
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Keep rules and rent changes properly noticedGive at least 45 days' notice for rule changes (20-day complaint window) and at least 60 days for rent changes under §31-44-3, and apply rules uniformly to avoid a presumption of unreasonableness.
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Consider cash-for-keys as a faster resolutionA negotiated cash-for-keys agreement is a common market practice that can resolve a tenancy faster and more cheaply than litigation — document it in writing with counsel's review.