Legal Question in Real Estate Law in Rhode Island

Re: Squatter in my house

The District Court in RI has jurisdiction over all landlord/tenant matters. If your squatter has been, or is supposed to have been paying rent, your remedy is an eviction for non-payment. If the agreement did not include a particular rental amount, a simple termination of tenancy for non-payment w/adequate notice. She would have to be provided with written notice from you or your attorney that proceedings will be initiated if she does not pay in full within five (days). You can simultaneously terminate her tenancy unless she has a valid defense of, for instance, retaliation for reporting code or safety violations.

In either event, a tenancy even w/out payment is considered month-to-month and can be terminated by specific written notice by either party as required by the RI General Laws. Depending on the circumstances, a civil trespass action may be more appropriate. Either of these matters may be brought in the Small Claims Division of your county District Court without an attorney.

As in any case involving family members, these matters are awkward and volatile, so you may wish to retain an attorney to represent you. It will not be cheap, but an attorney can be more objective and efficient in dealing with the squatter, the Court and any other attorney who she may retain to represent her.

Best wishes ... please feel free to contact me if I can be of assistance.