Rhode Island Standard Residential Lease Agreement

A Comprehensive Guide Under the Rhode Island Residential Landlord and Tenant ActA Comprehensive Guide Under the Rhode Island Residential Landlord and Tenant Act

Introduction

A Rhode Island standard residential lease agreement is a legally binding rental arrangement between a landlord and tenant, typically covering a one-year period. This document establishes the terms and conditions for renting residential property, including rent amounts, payment schedules, security deposits, and the rights and responsibilities of both parties. The agreement is governed by the Rhode Island Residential Landlord and Tenant Act, codified in Title 34, Chapter 18 of the Rhode Island General Laws. ^[1]

This guide provides a comprehensive overview of the legal requirements, disclosures, and best practices for residential leases in Rhode Island, with citations to applicable state statutes and federal regulations.

Legal Framework

Rhode Island residential tenancies are primarily governed by the Residential Landlord and Tenant Act (R.I. Gen. Laws Title 34, Chapter 18). This comprehensive statute establishes the rights and obligations of landlords and tenants, including requirements for lease agreements, security deposits, disclosures, maintenance obligations, and eviction procedures. ^[1]

Additionally, landlords must comply with federal fair housing laws under the Fair Housing Act (42 U.S.C. 3601-3619) and Rhode Island's own Fair Housing Practices Act (R.I. Gen. Laws Title 34, Chapter 37), which prohibit discrimination in housing based on protected characteristics. ^[2]

Required Disclosures

Rhode Island law mandates that landlords provide certain disclosures to tenants before or at the commencement of the tenancy. Failure to provide these disclosures may result in legal consequences.

Code Violations Disclosure

Prior to entering into any residential rental agreement, landlords must inform prospective tenants of any outstanding minimum housing code violations that exist on the building. Additionally, when cited by a state or local minimum housing code enforcement agency for a violation, landlords must deliver a copy of the notice of violation to each affected tenant within 30 days, unless all violations are corrected within that period. ^[3]

Landlord/manager Identity Disclosure

Landlords must disclose in writing, at or before the commencement of the tenancy, the name, address, and telephone number of: (1) the person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act on behalf of the owner for the purpose of service of process, receiving notices and demands. This information must be kept current. ^[4]

Lead-Based Paint Disclosure

For properties constructed before 1978, landlords must comply with the federal Lead-Based Paint Disclosure Rule. This requires landlords to: (1) disclose known lead-based paint and lead-based paint hazards; (2) provide tenants with any available reports or records concerning lead-based paint; and (3) provide tenants with the EPA pamphlet "Protect Your Family From Lead in Your Home." ^[5]

Security Deposit Requirements

Maximum Amount: Rhode Island law limits security deposits to a maximum of one month's periodic rent. Landlords may not demand or receive a security deposit in excess of this amount. ^[6]

Return Timeline: Upon termination of the tenancy, landlords must return the security deposit, less any lawful deductions, within 20 days after the later of: (1) termination of the tenancy; (2) delivery of possession; or (3) the tenant providing a forwarding address for the purpose of receiving the deposit. ^[6]

Itemization Required: Landlords must provide a written itemization of any deductions for: unpaid accrued rent, reasonable cleaning expenses, reasonable trash disposal expenses, and physical damages beyond ordinary wear and tear.

Penalty for Non-Compliance: If a landlord fails to comply with security deposit requirements, the tenant may recover the amount due, plus damages equal to twice the amount wrongfully withheld, and reasonable attorney's fees. ^[6]

Rent Payment Laws

Eviction Notice Period: If any part of the stipulated rent is due and in arrears for 15 days, the landlord may send a written demand for rent notice. This notice must specify the amount in arrears, demand payment, and notify the tenant that unless the breach is cured within 5 days of mailing, the rental agreement shall terminate and eviction proceedings may commence. ^[7]

Important Clarification: While eviction proceedings cannot begin until rent is 15 days in arrears, Rhode Island law does not establish a statutory grace period for late fees. Landlords may charge late fees before the 15-day eviction threshold, though the lease should specify late fee terms. There is no statutory cap on late fee amounts, but fees must be reasonable.

NSF (Bad Check) Fee: Landlords may charge up to $25 for a dishonored check under Rhode Island's bad check statute. ^[8]

Rent Increase Notice Requirements

Effective June 24, 2024, Rhode Island updated its rent increase notice requirements: ^[9]

• Standard Notice (Tenants 62 or under): 60 days written notice prior to the effective date of any rent increase
• Senior Tenants (Over 62, month-to-month): 120 days written notice before raising rent

Landlord Obligations

Warranty of Habitability

Under R.I. Gen. Laws 34-18-22, landlords have a duty to maintain premises in a fit and habitable condition. Specific obligations include: ^[10]

• Comply with applicable building and housing codes affecting health and safety
• Make all repairs necessary to keep the premises fit and habitable
• Maintain electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good and safe working order
• Supply running water and reasonable amounts of hot water at all times
• Supply adequate heat (at least 68 degrees Fahrenheit) between October 1 and May 1, unless the tenant supplies heat

Right of Entry

Landlords must provide at least 2 days' notice before entering a tenant's dwelling unit, except in cases of emergency. Entry must occur at reasonable times and may be for purposes including: inspecting the premises, making repairs, supplying services, or showing the unit to prospective tenants or purchasers. A landlord may enter without consent in emergencies or during an absence of the tenant exceeding 7 days when reasonably necessary for protection of the property. ^[11]

Tenant Rights and Remedies

Repair and Deduct

If the landlord fails to maintain habitability and the reasonable cost of compliance is less than $500 in the aggregate per year, the tenant may cause repairs to be done in a skilled manner and deduct the actual and reasonable cost from rent. The tenant must provide proper notice before exercising this remedy. ^[10]

Lease Termination for Material Breach

If the landlord's breach materially affects health and safety, the tenant may terminate the rental agreement after 30 days if the landlord has not remedied the breach within 20 days of notice. ^[12]

Eviction Process

Rhode Island recognizes several grounds for eviction, each with specific notice requirements:

Fair Housing Protections

Rhode Island provides extensive fair housing protections beyond federal law. Under the Rhode Island Fair Housing Practices Act, discrimination is prohibited based on: ^[2]

• Race, color, religion, sex, national origin (federal)
• Disability, familial status (federal)
• Sexual orientation, gender identity or expression (state)
• Marital status (state)
• Lawful source of income, including government assistance (state)
• Military status as a veteran or servicemember (state)
• Country of ancestral origin, age, housing status (state)
• Victim of domestic abuse status (state)

Complaints of housing discrimination may be filed with the Rhode Island Commission for Human Rights or the U.S. Department of Housing and Urban Development (HUD). ^[13]

Anti-Retaliation Protections

Rhode Island prohibits landlord retaliation against tenants who exercise their legal rights. A landlord may not retaliate by increasing rent, decreasing services, or threatening eviction against a tenant who has:

• Complained to the landlord or a government agency about housing code violations
• Organized or become a member of a tenant union or organization
• Exercised any right or remedy under the Residential Landlord and Tenant Act

Remedies for retaliation include the right to recover triple the monthly rent or triple the costs of retaliation (whichever is greater), plus attorney's fees. ^[14]

Essential Lease Terms

A comprehensive Rhode Island residential lease agreement should include:

• Parties: Full legal names of landlord(s) and tenant(s)
• Property Description: Complete address and description of the rental unit
• Lease Term: Start and end dates (typically one year for standard leases)
• Rent Amount and Due Date: Monthly rent amount and day of month when due (typically the 1st)
• Security Deposit: Amount (maximum one month's rent) and terms for return
• Late Fees: Amount and when fees become applicable (must be reasonable)
• Utilities: Specification of which utilities are included or tenant's responsibility
• Occupancy Limits: Number of permitted occupants
• Pet Policy: Whether pets are permitted and any pet deposit or fee
• Maintenance Responsibilities: Division of repair and maintenance duties
• Required Disclosures: Code violations, landlord identity, and lead paint (if applicable)