This chapter shall be known and may be cited as the 'Residential Landlord and Tenant Act'.
The underlying purposes and policies of this chapter are: (1) To simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; (2) To encourage landlord and tenant to maintain and improve the quality of housing; and (3) To make uniform the law with respect to the subject of this chapter among those states which enact it.
This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement for a dwelling unit located within this state.
The following arrangements are not governed by this chapter: (1) Residence at an institution, if incidental to detention or provision of medical, educational, counseling, religious, or similar service; (2) Occupancy under a contract of sale if the occupant is the purchaser; (3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) Transient occupancy in a hotel or motel; (5) Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment; (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
Key definitions: 'Dwelling unit' means a structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building, and also a manager of the premises who fails to disclose as required. 'Premises' means a dwelling unit and the structure of which it is part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is contracted for between the landlord and tenant. 'Rent' means all payments to be made to the landlord under the rental agreement. 'Rental agreement' means all agreements, written or oral, and valid rules and regulations adopted under § 34-18-25, embodying the terms and conditions concerning the use and occupancy. 'Security deposit' means the total of all deposits and payments, however denominated, made to secure performance by the tenant. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
If the court, as a matter of law, finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.
(a) A landlord and tenant may include in a rental agreement any terms and conditions not prohibited by this chapter or other rule of law. (b) In absence of agreement, rent is payable at the beginning of any term and otherwise monthly. (c) Rent shall be uniformly apportionable from day to day. (d) If the rental agreement fixes a definite term, rent is payable from the commencement of the term until its end.
A landlord shall provide a tenant with at least thirty (30) days' written notice prior to any increase in rent for a month-to-month tenancy. For a fixed-term lease, rent cannot be increased during the lease term unless the lease expressly permits it.
A rental agreement shall not provide that the tenant: (1) Agrees to waive or forego rights or remedies under this chapter; (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) Agrees to pay landlord's attorney fees; (4) Agrees to the exculpation or limitation of any liability of the landlord arising under law; or (5) Agrees to indemnify the landlord for any liability or costs arising from the landlord's negligence. A prohibited provision is void. A landlord who deliberately uses a rental agreement containing a prohibited provision is liable to the tenant for actual damages.
(a) A landlord shall not demand or receive a security deposit in excess of one month's periodic rent. (b) All security deposits shall be held in a federally insured interest-bearing account in a financial institution located in Rhode Island, separate from the landlord's personal funds, and shall not be commingled with any other funds. (c) The landlord shall pay interest on the security deposit to the tenant at the end of the tenancy at the rate established by the general treasurer. (d) Within twenty (20) days after termination of the tenancy and delivery of possession, the landlord shall return the deposit with interest, or furnish the tenant with an itemized written statement of the reasons for and the amount of any deduction. (e) If the landlord fails to comply, the tenant may recover the property and money due plus damages equal to twice the amount wrongfully withheld.
(a) The landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy: (1) The name and address of the person authorized to manage the premises; and (2) The name and address of the owner of the premises or a person authorized to act for and on behalf of the owner for purposes of service of process and receiving notices and demands. (b) The information required shall be kept current and shall be furnished to the tenant upon written request.
(a) A landlord shall: (1) Comply with the requirements of applicable building codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; (4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; (5) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to occupancy; and (6) Supply running water and reasonable amounts of hot water at all times.
A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit; (3) Dispose from the tenant's dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so; and (7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if it is reasonably related to a legitimate purpose; applies to all tenants fairly; is sufficiently explicit to fairly inform the tenant of what must or must not be done; and the tenant has notice of it at the time of entering into the rental agreement. A rule adopted after the tenant enters is enforceable only if reasonable notice is given and it does not work a substantial modification of the rental agreement.
(a) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. (c) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of intent to enter and may enter only at reasonable times.
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with § 34-18-22, materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in twenty (20) days. (b) The tenant may not exercise the right to terminate if the landlord adequately remedies the breach before the date specified in the notice.
If the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, the tenant may give reasonable notice to the landlord and: (1) Procure reasonable amounts of the missing services and deduct their actual reasonable cost from the rent; (2) Recover damages based upon the diminution in fair rental value of the dwelling unit; or (3) Procure reasonable substitute housing during the period of the landlord's noncompliance, during which the tenant is excused from paying rent.
In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount that the tenant may recover under the rental agreement or this chapter. After notice and hearing, the court may order the tenant to pay the landlord the amount of rent in arrears into court.
Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or noncompliance with § 34-18-24, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than twenty (20) days after receipt of the notice if the breach is not remedied in fifteen (15) days.
If rent is unpaid when due and the tenant fails to pay rent within fifteen (15) days after written notice of nonpayment from the landlord and the landlord's intent to terminate the rental agreement if rent is not paid, the landlord may terminate the rental agreement.
If the rental agreement requires the tenant to give notice before vacating and the tenant vacates without notice or abandons the dwelling unit, the landlord may recover actual damages, including reasonable costs of reletting the premises.
(a) The landlord or tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.
(a) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after: (1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises; (2) The tenant has complained to the landlord of a violation under § 34-18-22; or (3) The tenant has organized or become a member of a tenant's union or similar organization. (b) If the landlord acts in violation of this section, the tenant is entitled to the remedies under § 34-18-34. In an action by or against the tenant, evidence of a complaint within six (6) months prior to the alleged act of retaliation creates a presumption of retaliation.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential services to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.
A tenant who is a victim of domestic violence, sexual assault, or stalking may terminate a rental agreement by providing the landlord with written notice and documentation. The tenant shall be liable for rent only through the termination date. A landlord shall not discriminate against a prospective tenant or take adverse action against an existing tenant based on the tenant's status as a victim of domestic violence, sexual assault, or stalking.
The city of Providence and city of Warwick may enforce additional requirements on absentee landlords including registration, inspection, and compliance with local rental regulations. Landlords of residential properties in Providence and Warwick who do not reside in the state of Rhode Island must register with the city and designate a local agent for service of process.
Rhode Island requires all residential rental property owners to register their rental units with the state's statewide rental registry. Registration information includes the owner's contact information, the property address, and the number of units. The registry is maintained by the Rhode Island Department of Housing.
A landlord shall not charge a rental application fee in excess of fifty dollars ($50.00) or the actual cost of a background check, whichever is less. The landlord must provide the applicant with a copy of the background check results.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant.
A landlord shall not charge a tenant a convenience fee for paying rent by any method, including but not limited to check, money order, electronic transfer, or online payment portal. Any convenience fee charged in violation of this section shall be void and unenforceable.
A landlord shall not inquire about the immigration or citizenship status of a tenant or prospective tenant for the purpose of influencing any decision regarding tenancy. Any provision in a rental agreement requiring disclosure of immigration or citizenship status is void and unenforceable.
The district court shall have original jurisdiction of all actions arising under this chapter where the amount claimed does not exceed ten thousand dollars ($10,000). The superior court shall have concurrent jurisdiction.
Rhode Island does not have a statewide rent control statute. No municipality in Rhode Island currently has enacted rent control. Landlords may raise rents freely with 30 days written notice for month-to-month tenancies.
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