For investment property owners with tenants who have fallen behind on their rent, failing to follow the proper procedures to evict a non-paying tenant can be a costly mistake. Before a Complaint can be filed, a 5-day demand must be mailed to the tenant which complies with Rhode Island statutory law. An acceptable form of the 5-day demand letter can be found by cliking the following link: http://www.ranonelaw.com/pages/cfAdditionalServices.cfm
Note however that a 5-day demand can not be sent until the rent is more than 15 days late. Stated differently, if the rent is due on the first of the month and is not paid, the earliest the 5-day demand can be mailed is on the 16th day of the month.
Failing to follow this critical step can result in any complaint for eviction for non-payment of rent to be dismissed for lack of proper notice resulting in further delay and loss of rental income.
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2 comments:
Just wondering about this - does the 5-day Demand letter need to be addressed to all tenants on the lease, or can it be addressed to just one?
You should mail each tenant on the lease a 5-day demand, addressed to each, using the langauge madated by statute.
Be sure to date the notice and to keep a copy of each notice mailed.
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