Questions about first evection, Garage tenant.

[Matt Romano]

Hey BP, I was hoping to get as much info as possible about an eviction process I need to start on a garage tenant. The unit rented is on a residential property. Tenant hasn't paid me since December, and has no intentions to do so.  I reached out to him multiple times, with no response. And I stopped by his residence today to speak with him and try to resolve things civilly, no luck.  I just reviewed my lease with him, and as far as I'm concerned, it has me very well covered. The space is in Rhode Island, so laws are to follow RI evection process. Would it be considered commercial space as its used for storage? I'm under the impression that it should be much easier to get rid of a garage tenant than residential. I have NOT yet sent out my 5 day demand notice for eviction of non-payment. I suppose thats the first step? Is an eviction like this as costly as residential?  How is his stuff removed from the premiss? At his expense? Auction? likeliness of me getting paid my rent? Any light you guys could shed would be GREATLY appreciated! :)

[Anthony Thompson]

Also, again I strongly recommend consulting with and using an attorney, but it seems pretty clear to me that RI laws prohibit just changing the locks as @Thomas S. suggested - see RIGL § 34-18.1-15. Right of "self help" prohibited, as well as a recent RI court case (2014) where the Superior Court discussed that prohibition against self-help evictions in detail.