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Rhode Island

This article provides a quick overview of some key Rhode Island Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Rhode Island Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Rhode Island Commercial Lease Agreement

Rhode Island Landlord Tenant Key Rules

Official Rhode Island Forms:

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Security Deposit

TOPIC RULE
Security Deposit Maximum: Cannot exceed one (1) month’s rent R.I. Gen. Laws § 34-18-19
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: The landlord is required to deliver the itemized notice, along with the amount of the security deposit owed to the tenant, within twenty (20) days following the later of the termination of the tenancy, the delivery of possession of the dwelling unit, or the tenant providing the landlord with a forwarding address for the purpose of receiving the security deposit. R.I. Gen. Laws § 34-18-19
Permitted Uses of the Deposit: The security deposit can be used for any amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, for reasonable trash disposal expenses and the amount of physical damages to the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance . R.I. Gen. Laws § 34-18-19
Security Deposit can be Withheld: The security deposit can be used for any amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, for reasonable trash disposal expenses and the amount of physical damages to the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance. The landlord must provide an itemized list of any monies kept from the deposit. R.I. Gen. Laws § 34-18-19
Require Written Description/Itemized List of Damages and Charges: An itemized list of damages and charges is required. R.I. Gen. Laws § 34-18-19
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: If the landlord fails to comply with the regulations regarding the return of the security deposit, the tenant has the right to recover the amount due, along with damages equal to twice (2X) the amount that was wrongfully withheld, as well as reasonable attorney fees. R.I. Gen. Laws § 34-18-19

Lease, Rent & Fees

TOPIC RULE
Rent is Due: Rent payments are due as agreed in the lease. If no agreement, rent must be paid at the beginning of the month. R.I. Gen. Laws § 34-18-15
Payment Methods: No statute.
Rent Increase Notice: A 60-day notice is required for a rent increase prior to the effective date. For month-to-month  tenants over the age of 62, 120 days’ notice is mandatory. R.I. Gen. Laws § 34-18-16.1
Late Fees: No statute.
Application Fees: Landlords, or people representing the landlord shall not be allowed to require or demand any prospective tenant to pay for a rental application fee. R.I. Gen. Laws § 34-18-59
Prepaid Rent: Any prepaid rent for a period after the effective termination of a residential lease must be refunded within 30 days. R.I. Gen. Laws § 34-18-15
Returned Check Fees: Those who fail to pay the amount demanded within thirty (30) days of the mailing of the notice of dishonored check shall be liable to the holder for: (1) The amount of the check or other instrument; (2) A collection fee of twenty-five dollars ($25.00); (3) An amount equal to three (3) times the amount of the check or instrument, but in no case less than two hundred dollars ($200) and in no case more than one thousand dollars ($1,000). R.I. Gen. Laws § 6-42-3
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Allowed. The tenant may take reasonable measures to secure essential services and are permitted to deduct their costs from the rent. If doing so, tenant must follow all provisions in the statute. R.I. Gen. Laws § 34-18-31
Tenant Allowed to Repair and Deduct Rent: If the reasonable cost of compliance is less than five hundred dollars ($500) total per year, the tenant may have repairs done in a skilled manner, in compliance with applicable state and local codes, and deduct from their rent the actual and reasonable cost or the fair and reasonable value of the repairs. To be eligible, tenants must follow all provisions of the statute. R.I. Gen. Laws § 34-18-30
Self-Help Evictions: Self-help evictions are illegal and could result in criminal or civil penalties.
Landlord Allowed to Recover Court and Attorney’s Fees: If the tenant’s holdover is not in good faith, the landlord may recover (in addition to possession of the property) an amount not to exceed three (3) months’ periodic rent or three times (3X) the actual damages sustained by the landlord, whichever amount is greater, along with reasonable attorney fees. R.I. Gen. Laws § 34-18-38
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes. R.I. Gen. Laws § 34-18-40

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: Notice is not required as the lease simply terminates.
Notice to Terminate a Periodic Lease – Month-to-Month: A written notice is required and must be delivered to the other party at least thirty (30) days before the date specified in the notice. R.I. Gen. Laws § 34-18-37
Notice to Terminate a Periodic Lease – Week-to-week: A written notice is required and must be delivered to the other party at least ten (10) days before the date specified in the notice. R.I. Gen. Laws § 34-18-37
Notice to Terminate Lease due to Sale of Property:
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: Landlords must provide a five day written notice before lease is terminated if monthly rent is 15 or more days late. R.I. Gen. Laws § 34-18-35
Notice for Lease Violation: Landlords must provide written notice before lease is terminated if noncompliance was made by the tenant. See statute for requirements. R.I. Gen. Laws § 34-18-35
Required Notice before Entry: Tenants shall not withold entry from the landlord for routine inspections and/or maintenance. Entry must be made “at a reasonable time.” R.I. Gen. Laws § 34-18-26
Entry Allowed with Notice for Maintenance and Repairs: Tenants shall not withold entry from the landlord for routine inspections and/or maintenance. Entry must be made “at a reasonable time.” R.I. Gen. Laws § 34-18-26
Emergency Entry Allowed without Notice: Landlords may enter the dwelling unit without the tenant’s consent in the event of an emergency, provided the entry is reasonably necessary for the protection of the property. R.I. Gen. Laws § 34-18-26
Entry Allowed During Tenant’s Extended Absence: Landlords may enter the dwelling unit without the tenant’s consent if the tenant has been absent for more than seven (7) days, provided the entry is reasonably necessary for the protection of the property. The rental agreement may require that the tenant notify the landlord of any planned extended absence from the premises in excess of ten (10) days. The notice should be given no later than the first day of the extended absence. R.I. Gen. Laws § 34-18-26
Entry Allowed with Notice for Showing the Property: Tenants shall not withold entry from the landlord for routine inspections and/or maintenance. Entry must be made “at a reasonable time.” R.I. Gen. Laws § 34-18-27
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: Lockouts are not permitted. See statute listed for tenant’s remedies if a lockout is attempted R.I. Gen. Laws § 34-18-34
Utility Shut-offs Allowed: Utility shut-offs are not permitted. See statute listed for tenant’s remedies if services are interrupted without consent. R.I. Gen. Laws § 34-18-34
Electronic Notices Allowed: no

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Tenant’s Duties