Rhode Island Residential Lease Agreement

Introduction

This guide provides comprehensive information about Rhode Island residential lease agreements and landlord-tenant laws. The information is based on the Rhode Island Residential Landlord and Tenant Act ^[1] and related Rhode Island statutes. This document is for informational purposes only and does not constitute legal advice. Landlords and tenants should consult with a qualified attorney for specific legal guidance.

Required Disclosures

Code Violations Disclosure

Rhode Island law requires landlords to inform prospective tenants of any existing minimum housing code violations before entering into a rental agreement. ^[2] This disclosure must be made in writing and provided to the tenant before the lease is signed.

Identity Disclosure

All rental agreements must contain the name and address of the person authorized to manage the property, as well as the name and address of the property owner or the owner's agent. ^[3] This information enables tenants to properly serve notices and communicate with responsible parties.

Lead-Based Paint Disclosure

For properties built before 1978, landlords must provide and have both parties sign lead paint disclosures. ^[4] Additionally, Rhode Island law requires all rental units to be maintained in a lead-safe condition. ^[5] Most landlords of pre-1978 properties must maintain an active Certificate of Lead Conformance as evidence that units are in a lead-safe condition. This requirement extends to owner-occupied units as of January 1, 2024.

Rhode Island Rental Registry

All landlords who rent residential properties in Rhode Island must register with the Rhode Island Rental Registry. ^[6] This includes single-family homes, multi-family units, condos, and apartment complexes. Landlords subject to these requirements as of September 1, 2024 must have registered by October 1, 2024. Landlords acquiring rental property after September 1, 2024 must register within 30 days of acquisition or lease to a tenant. Annual re-registration is required by October 1 of each year.

**Registration Requirements: **Landlords must provide names of individual landlords or business entities, an active business address, active telephone number, and information about property managers or agents for service. For properties constructed before 1978, landlords must provide a valid Certificate of Lead Conformance or evidence demonstrating exemption. ^[6]

**Penalties for Non-Compliance: **Landlords who fail to register face civil fines of at least $50 per unit, per month. ^[6] Those who fail to provide a valid lead certificate face fines of at least $125 per unit, per month. ^[6] Additionally, landlords cannot file eviction actions for nonpayment of rent unless they are registered and provide evidence of compliance to the court. ^[6] The Rhode Island Attorney General may seek injunctive relief and civil penalties of up to $1,000 per violation for repeated failures to comply. ^[6]

Security Deposits

Maximum Amount

Rhode Island law limits security deposits to one month's rent. ^[7] However, for furnished apartments where the furniture value exceeds $5,000, landlords may charge an additional furniture security deposit equal to one month's rent. ^[7]

Return Timeline and Itemized Deductions

Landlords must return the security deposit within 20 days after the end of the tenancy and receipt of the tenant's forwarding address. ^[7] If any portion of the deposit is withheld, the landlord must provide an itemized list of deductions within the same 20-day period. ^[7]

Permitted Deductions

Upon termination of tenancy, the amount due to the tenant is the full deposit minus: (1) any unpaid accrued rent, (2) reasonable cleaning expenses, (3) reasonable trash disposal expenses, and (4) physical damages to the premises other than ordinary wear and tear. ^[7]

Storage Requirements and Interest

Rhode Island law does not require landlords to hold security deposits in separate or interest-bearing accounts. ^[7] Landlords are not required to pay interest on security deposits. ^[7]

Penalties for Non-Compliance

If the landlord fails to follow Rhode Island law for deducting and returning security deposits, the tenant can recover up to two times the deposit amount that was wrongfully withheld, plus attorney fees. ^[7]

Rent Payment Terms

Grace Period and Late Fees

Rhode Island law provides that landlords cannot begin eviction proceedings for nonpayment of rent until the rent is 15 days late. ^[8] This effectively creates a 15-day grace period before a landlord may issue a 5-Day Notice to Pay or Quit. ^[8]

Rhode Island does not impose statutory limits on late fees. ^[9] However, late fees must be reasonable and must be clearly disclosed in the lease agreement. ^[9] The reasonableness standard applies to prevent excessive or punitive charges.

Convenience Fees for Rent Payment

Effective January 1, 2025, Rhode Island landlords are prohibited from charging tenants convenience fees for rent payments unless they also offer at least one rent payment method that does not incur such a fee. ^[10] This law ensures tenants have access to fee-free payment options.

Fee Disclosure Requirements

All fees beyond base rent must be clearly disclosed in the lease agreement. ^[10] If there is no written rental agreement, landlords must provide a written list of fees and utility responsibilities. ^[10] Failure to follow these disclosure rules allows tenants to recover any undisclosed fees they have paid. ^[10]

Landlord's Right to Enter

Notice Requirements

Except in cases of emergency or when it is impracticable to do so, landlords must give tenants at least two days' notice of their intent to enter and may only enter at reasonable times. ^[11] Landlords cannot abuse the right of access or use it to harass the tenant. ^[11]

Permitted Reasons for Entry

Landlords are allowed to enter the property for the following reasons: (1) inspecting the premises, and (2) making necessary or agreed-upon repairs. ^[11]

Entry Without Prior Notice

Landlords may enter the property without permission in the following situations: (1) emergencies such as smoke, fire, flooding, or explosion, (2) when the tenant has been away from the property for more than seven days (only to carry out necessary repairs and maintenance), or (3) pursuant to a court order granting the landlord access to the property. ^[11]

Habitability and Tenant Remedies

Warranty of Habitability

Rhode Island law includes an implied warranty of habitability that requires landlords to provide and maintain rental units in habitable condition. ^[12] If habitability issues are not fixed in a timely manner, tenants have several remedies available.

Repair and Deduct Remedy

For minor repairs under $125, tenants may have the repair made and deduct the cost (up to $125) from rent after giving the landlord 20 days to fix the problem. ^[12] For repairs costing less than $500, tenants may arrange for repairs in compliance with applicable codes and deduct the actual and reasonable cost from rent if: (1) the tenant notifies the landlord of the intention to correct the condition at the landlord's expense, and (2) the landlord fails to comply within 20 days or fails to demonstrate ongoing, good faith efforts to comply. ^[12]

Essential Services Exception

If the landlord fails to provide heat, gas, or electricity as agreed, tenants can arrange for repair or service and deduct the cost from rent. ^[12] The $125 limitation does not apply to situations involving essential services. ^[12]

Rent Escrow

If violations threaten health or safety, tenants may petition the court to pay rent into an escrow account instead of to the landlord. ^[12] This remedy is particularly useful when problems are too extensive for the repair and deduct rule. Additionally, tenants can petition the court for rent escrow when their unit is not compliant with lead hazard risk reduction laws. ^[13]

Protection Against Retaliation

Retaliating against a tenant for complaining about conditions to code enforcement is illegal in Rhode Island. ^[12] There is a presumption of retaliation if negative action occurs within six months of a tenant's complaint. ^[12]

Lease Termination

Termination for Nonpayment of Rent

If the tenant fails to pay rent for 15 days after it is due, the landlord can give the tenant a five-day notice to pay rent. ^[8] This notice must state: (1) the amount of rent owed, and (2) that the rental agreement shall be terminated if rent is not paid within five days. ^[8] If the rent is paid within five days, tenancy continues. ^[8] If the tenant does not pay within five days, the landlord can file a Complaint for Eviction for Nonpayment of Rent. ^[8]

Termination for Lease Violations

When a tenant fails to comply with a rental agreement and such noncompliance is material, the landlord may terminate the rental agreement. ^[14] For initial violations, the landlord must notify the tenant: (1) that the tenant has breached the rental agreement, (2) the nature of the breach, (3) what the tenant must do to remedy the situation, (4) that the tenant has 20 days from the date the notice was mailed to remedy the situation, (5) that the rental agreement will terminate on a given date if the situation remains unchanged, (6) that an eviction action will be started, and (7) that the tenant may present any defenses at the eviction hearing. ^[14]

For repeated violations, landlords may issue a 20-day unconditional notice to quit for any repeated act which violates the lease or rental agreement or affects health or safety twice within six months (notice must have been given for the first violation). ^[14]

Termination of Periodic Tenancies

**Month-to-Month Tenancies: **Either the landlord or tenant may terminate a month-to-month tenancy by providing written notice at least 30 days before the termination date specified in the notice. ^[15] The landlord does not need a reason to terminate a month-to-month tenancy (except where discrimination or retaliation is involved). ^[15]

**Week-to-Week Tenancies: **Week-to-week tenancies require at least 10 days written notice before the termination date. ^[15]

**Year-to-Year Tenancies: **Year-to-year tenancies require at least three months written notice prior to the expiration of the occupation year. ^[15]

Lead Poisoning Prevention

Lead-Safe Condition Requirement

All rental units in Rhode Island must be maintained in a lead-safe condition. ^[5] For units built before 1978, most landlords are required to maintain an active Certificate of Lead Conformance as evidence that units are in a lead-safe condition. ^[5]

Owner-Occupied Unit Requirements

As of January 1, 2024, landlords of owner-occupied units must obtain lead certificates for their pre-1978 rental units, regardless of the number of units. ^[5]

Tenant Remedies for Lead Law Violations

Tenants affected by lead poisoning can recover up to three times their actual monetary damages if their landlord has violated lead safety laws. ^[16] This "treble damages" provision provides strong incentives for landlord compliance. Additionally, tenants can petition the court to pay rent into an escrow account when their unit is not compliant with lead hazard risk reduction laws. ^[13]