- Who sends it
- The foreclosing owner, usually the lender or the buyer at the auction, often by first-class mail
- What it starts
- At least 30 days before the owner can file an eviction case
- Do this first
- Write down the mailing date and the date in the notice, then call Rhode Island Legal Services at 401-274-2652
What this notice is in Rhode Island
R.I. Gen. Laws § 34-18-38.2(e) says a foreclosing owner may evict any person other than a tenant by following the procedure for terminating a month-to-month tenancy in § 34-18-37. That section requires a written notice, in a form substantially like the one in § 34-18-56(c), delivered at least 30 days before the date it names (§ 34-18-37(b)).
The form in § 34-18-56(c) is titled "Notice of Termination of Tenancy." It directs you to vacate, remove your belongings and turn over the home on a stated date, says that if you do not leave an eviction may be started without further notice, and says you can raise any defense at the court hearing. The owner signs a certificate saying it mailed the notice by first-class mail.
For how this kind of document works in every state, see the national guide: Notice to vacate or quit.
What it does and does not mean
- It is not a court order. You cannot be removed on the date in the notice without a court case.
- If you do not leave, the next step is an eviction complaint. The statute's sample complaint for staying after a termination notice is filed in the District Court, with a copy of this notice attached (§ 34-18-56(e)).
- If you are a renter in the building rather than the former owner, Rhode Island's just cause rules for tenants of foreclosed property may protect you, and the owner must post and deliver a notice about continued occupancy within 30 days of the foreclosure (§ 34-18-38.2(a) to (d)).
- Some foreclosing owners are exempt from § 34-18-38.2: those headquartered in Rhode Island with full-service mortgage operations there, and those with fewer than 15 Rhode Island foreclosures in the prior year (§ 34-18-38.2(h)). Which process applies to a former owner in that case was not confirmed; ask legal aid.
- There is no right to buy the home back after the sale (R.I. Gen. Laws § 34-11-22).
The deadline it sets and how to count it
- Count at least 30 calendar days from the day the notice was delivered to you. The date it names should be at least that far out (§ 34-18-37(b)).
- The form uses the mailing date. If it came by mail, write down the date on the certificate of mailing and the day it arrived.
- After that date, the owner can file an eviction complaint. Read every court paper you get for your answer and hearing dates, and go to every hearing.
What to do this week
- Keep the notice and the envelope. Write down the mailing date, the date you got it and the date it names.
- Decide what you need: time to move, money to move, or help raising a problem with the foreclosure. Claims that the lender skipped mediation must be filed within 1 year of the first published sale notice (R.I. Gen. Laws § 34-27-9(p)).
- If the owner offers money to leave by a date, get the amount, the date and the conditions in writing before you agree.
- Start looking for housing now.
- Call Rhode Island Legal Services at 401-274-2652.
Free help in Rhode Island
Rhode Island Legal Services helps eligible people with foreclosure and eviction. HelpRILaw has legal information and referrals, and the Rhode Island Judiciary site has court information. See the Rhode Island foreclosure help page.
- Ask the lender or its attorney in writing for the true and detailed account of the sale the law requires, and whether there was any surplus (§ 34-11-22). See Rhode Island surplus funds.
- If you get a letter saying you still owe money after the sale, read Rhode Island deficiency rules and call legal aid before you agree to pay.
The rest of the Rhode Island process
See how foreclosure works in Rhode Island, the timeline, ways to stop it and free help in Rhode Island, or read the national guide to this letter.
Common questions
How much notice must a Rhode Island foreclosure buyer give a former owner?
R.I. Gen. Laws § 34-18-38.2(e) has the foreclosing owner follow the month-to-month termination rules in § 34-18-37, which require written notice delivered at least 30 days before the date named in the notice.
Do I have to leave on the date in the notice?
No court has ordered you out yet. If you stay, the owner must file an eviction case and win. The sample notice in § 34-18-56(c) itself says you can raise any defense at the court hearing.
I rent in a building that was foreclosed. Is this notice the same for me?
Not always. Tenants of foreclosed property have just cause protections, and the foreclosing owner must post and deliver a notice about continued occupancy within 30 days of the foreclosure (R.I. Gen. Laws § 34-18-38.2). Some owners are exempt, so call Rhode Island Legal Services.
Other Rhode Island letters
- Notice of Mediation ConferenceBefore a Rhode Island lender can start a foreclosure sale on the home you live in, it must mail you a notice that it may not foreclose without first taking part in a mediation conference. A coordinator from a HUD-approved counseling agency then sets a free conference, which must happen within 60 days after the notice is mailed. If you do not respond, the lender can go ahead.
- Mediation Certificate (certificate to proceed, good faith certificate, or Certificate of Eligible Workout Agreement)When Rhode Island foreclosure mediation ends, the coordinator issues a certificate. If there was no deal, or you did not respond, the certificate lets the lender go ahead with the sale and must be recorded with the foreclosure deed. If you reached a workout that helps you, the coordinator issues a Certificate of Eligible Workout Agreement instead.
- Notice of Foreclosure Sale (certified mail notice of the time and place of sale)In Rhode Island, a power of sale foreclosure notice is not valid unless you were mailed written notice of the time and place of sale by certified mail at least 30 days before the first newspaper ad. The ad then runs weekly for 3 weeks, starting at least 21 days before the auction. The letter must also explain extra rights for servicemembers.