Renting a home that was foreclosed in Rhode Island: your rights

Your rights as a renter in Rhode Island, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. Section 8 voucher holders get extra protection. Rhode Island's just cause law says these federal duties must be met first. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; R.I. Gen. Laws § 34-18-38.2(d)(3)

2. Notice before the sale: keep paying rent

   Mailed before the first newspaper ad

   The lender must mail each bona fide tenant a notice with the sale date, time and place, counseling contacts including the Rhode Island housing help center and United Way 2-1-1, a reminder to keep paying rent to your landlord until the sale, and a statement that it is not an eviction notice. It can be addressed to Occupant.

   R.I. Gen. Laws § 34-27-7(a)

3. After the sale: who to pay and a form to return

   Posted within 30 days; return the form within 30 days

   Within 30 days of the foreclosure, the foreclosing owner must post and mail a notice with its contact information and the address where rent goes. It includes a form to request continued occupancy, which you must send back within 30 days to stay as its tenant. Return it on time, keep a copy and keep paying the rent in effect before the foreclosure once you are told in writing where to send it.

   R.I. Gen. Laws § 34-18-38.2(b), (c)(1)(i)

4. Just cause only

   After the notice is posted

   A covered foreclosing owner can evict a tenant only for just cause, such as unpaid rent after it told you in writing how much and to whom, a serious lease violation, refusing to sign a renewal on similar terms, or certain code problems. It can also evict after a binding sale to an outside buyer who was told about the tenants, or if you did not return the form. If it says your rent is too low, it must ask the District Court to set a new rent.

   R.I. Gen. Laws § 34-18-38.2(a), (c), (f)

5. Who is exempt

   Ask who the foreclosing owner is

   The just cause rules do not apply if the foreclosing owner is headquartered in Rhode Island with full-service mortgage offices here, or did fewer than 15 Rhode Island foreclosures the year before. The federal 90 days still applies either way.

   R.I. Gen. Laws § 34-18-38.2(h)

6. Eviction steps and your defense

   30 days' notice for most cases

   For most no-fault reasons, the owner must use the 30-day month to month termination procedure and then go to court. In any just cause eviction, you can defend by showing the required posted notice and form were not posted or given to you.

   R.I. Gen. Laws §§ 34-18-37, 34-18-38.2(d)

7. Your security deposit

   Within 20 days after you move out

   When your tenancy ends, the deposit, minus unpaid rent, cleaning, trash and damage beyond normal wear, must be returned with an itemized list within 20 days after you move out or give a forwarding address, whichever is later. If the landlord's interest is transferred, whoever holds it when your tenancy ends is bound by this rule. Wrongly kept money can be recovered with double damages.

   R.I. Gen. Laws § 34-18-19(b), (c), (g)

Common questions in Rhode Island