HomeRocketRent Logo

Rhode Island Sublease Agreement

A Rhode Island sublease agreement is a legally binding contract that allows a current tenant, known as the sublessor, to rent out all or a portion of their property to a new tenant, referred to as the sublessee or subtenant. This arrangement enables the sublessor to lease their residence while still adhering to the terms of their original lease.

Rhode Island Sublease Agreement

Rhode Island Sublease Agreement

Right to Sublet

In Rhode Island, tenants do not automatically possess the right to sublet their rental property. Permission to sublet must be explicitly granted in the master lease agreement or obtained through a Landlord Consent Form. A tenant must secure explicit written permission from their landlord to sublet. Even if permission is granted, the landlord retains the right to reject a potential subtenant if they are deemed unqualified, such as having a low credit score or being unable to verify income.

Standardized Rhode Island Sublease Agreements

A typical Rhode Island sublease agreement includes several essential components:

  • Names of the Parties: Identification of the original tenant (Sublessor) and the new tenant (Sublessee).
  • Rent: Details regarding the rent amount, payment schedule, and payment methods.
  • Rental Unit Location: The address of the rental unit as stated in the original lease.
  • Term: The start and end dates of the sublease.
  • Master Lease Inclusion: A copy of the Master Lease is attached, with any exceptions clearly stated.
  • General Conditions: A statement affirming that the written sublease contains all agreements and can only be modified in writing.
  • Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
  • Liability: The sublessee’s liability for damages, with the sublessor remaining responsible for any damages affecting the landlord.
  • Authorized Occupants: Identification of the new tenant(s) and any policies regarding short-term guests.
  • Security Deposit: The maximum security deposit is limited to one month’s rent, held by the Sublessor.
  • Furnished Unit Deposit: If the rental unit is furnished and valued over $5,000, an additional deposit may be required, capped at one month’s rent.
  • Return of Security Deposit: Landlords must return any unused portion of the security deposit within 20 days.
  • Lead-Based Paint Notice: Required if the rental unit was built before 1978.
  • Inventory of Included Items: A list of items included in the sublease.
  • Utilities: Specification of which utilities are paid by the Sublessor and which by the Sublessee.
  • Smoking Policy: Any restrictions on smoking within the rental unit.
  • Landlord’s Consent: Procedures for obtaining landlord permission if not already included in the Master Lease.
  • Signature: Signatures and dates for all parties involved, including the landlord’s consent.

Tax Implications of a Sublease in Rhode Island

Short-term rentals (30 days or less) in Rhode Island are subject to state sales tax and hotel tax. The tax rates are as follows:

  • Renting a Room: 7% state sales tax and 6% hotel tax.
  • Renting an Entire House: 7% state sales tax and 1% hotel tax.

For rentals exceeding 30 days, these taxes do not apply.

Security Deposit Obligations

According to Rhode Island law, the sublessor is required to return the security deposit within 20 days following the end of the sublease. If a subtenant fails to pay rent on time, the sublessor must provide a five-day notice to pay or vacate. To terminate the original lease or sublease, the sublessor must notify the subtenant within specified timeframes based on the lease type (e.g., 10 days for week-to-week leases, 30 days for month-to-month leases, or three months for yearly leases without an end date).

Statutes

FAQs

Yes, in Rhode Island, tenants must obtain explicit written permission from their landlord to sublet their apartment. This requirement is not automatically granted and must be outlined in the master lease agreement or obtained through a Landlord Consent Form.

A Rhode Island sublease agreement typically includes the names of the parties involved, rent details, rental unit location, term of the sublease, conditions from the master lease, liability clauses, security deposit information, and a smoking policy, among other elements.

In Rhode Island, the sublessor is required to return the security deposit within 20 days of the end of the sublease. The maximum security deposit allowed is one month’s rent, but if the unit is furnished with items valued over $5,000, an additional deposit may be required.

Yes, rental arrangements lasting 30 days or less in Rhode Island are subject to state sales tax and hotel tax. For example, renting a room incurs a 7% sales tax and a 6% hotel tax, while renting an entire house incurs a 7% sales tax and a 1% hotel tax.

Yes, even if the lease allows subletting, a landlord in Rhode Island can refuse a subtenant if they believe the new tenant is unqualified, such as having a low credit score or being unable to verify their income.

If a subtenant fails to pay rent on time, the sublessor must provide them with a five-day notice to either pay the rent or vacate the property. This is in accordance with Rhode Island’s landlord-tenant laws.

Yes, subletting is legal in Rhode Island, provided that the original lease does not contain provisions that prohibit it. Tenants should ensure that their sublease complies with any applicable housing or occupancy regulations.

To obtain landlord consent for a sublease in Rhode Island, tenants should refer to their original lease to see if subletting is permitted. If allowed, they must request explicit written permission from the landlord, which may involve submitting a signed sublease agreement for approval.