Rhode Island legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Rhode Island Implied Warranty of Habitability
In Rhode Island, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring
- A pipe leaking human waste
- A broken front doorknob that won’t lock
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Rhode Island
Note: Check local city/county laws and ordinances for additional requirements.
| Specific Responsibilities | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Heating Only, Oct. 1 – May 1 | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | Usually | Only If Provided |
| Washer and Dryer | Not Addressed | Only If Provided |
| Smoke/CO Detectors | Smoke Only | Yes |
| Window Coverings | Yes | Usually Not |
| Light Fixtures | Yes | Yes |
| Landscaping | Not Addressed | Not Addressed |
| Garbage Removal | Sometimes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Sometimes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating and Air Conditioning in Rhode Island
Rhode Island landlords must provide and maintain heating between October 1 and May 1 of every year. They don’t have to provide air conditioning, but do have to maintain it if provided. The heating equipment must be:
- At least 18 inches above floor level.
- Able to heat all bedrooms and bathrooms to at least 68 degrees Fahrenheit in winter.
Are Landlords Required To Provide Air Filter Replacements in Rhode Island?
Rhode Island landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Rhode Island
Rhode Island landlords must provide and maintain working plumbing. This means each rental property must contain the following fixtures, all connected to a sewer or septic system and all in proper working order:
- A kitchen sink
- A bathroom sink
- A toilet
- A bathtub or shower
Are Landlords Required To Provide Hot Water in Rhode Island?
Rhode Island landlords must provide and maintain running heated and unheated water.
Are Landlords Responsible for Fixing Clogs in Rhode Island?
Rhode Island landlords must fix clogs the renter didn’t cause which inhibit the usability of required plumbing.
Are Landlords Responsible for Fixing Leaks in Rhode Island?
Rhode Island landlords must fix leaks the renter didn’t cause which affect the health, safety, or habitability of the property. Minor leaks that cause annoyance or cosmetic water damage don’t count.
Landlord Responsibilities for Kitchen Appliances in Rhode Island
Rhode Island landlords are responsible for ensuring availability of required kitchen appliances. There’s no requirement for a dishwasher, freezer, or oven, but properties must have a refrigerator, plus an appliance that cooks food (such as a stove or microwave). The landlord must provide these, or connections for renters to install their own.
Landlord Responsibilities for Electrical Issues in Rhode Island
Rhode Island landlords must maintain working electrical service for every unit on a rental property, if any part of that property is within 300 feet of a connection to the electrical grid.
Are Landlords Responsible for Replacing Light Bulbs in Rhode Island?
Rhode Island landlords must provide and maintain certain light fixtures (including bulb replacement) for every unit of a property that’s within 300 feet of electric service. There must be at least one light in each of the following places:
- Laundry room
- Furnace room
- Kitchen area
- Bathroom area
- Public halls
- Public stairways
Landlord Responsibilities for Garbage Removal in Rhode Island
Rhode Island landlords are usually responsible for garbage removal. It’s the landlord’s responsibility to provide garbage service. For properties with fewer than four units, the landlord can make the renter provide garbage containers. For properties with more, they’re the landlord’s responsibility. Containers must be rodent-proof, insect-proof, and watertight.
Landlord Responsibilities for Landscaping in Rhode Island
Rhode Island landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they create a hazard to health, safety, or habitability.
Landlord Responsibilities Regarding Mold in Rhode Island
Rhode Island landlords are responsible for most mold issues. There’s no state requirement for regular testing, but a landlord must investigate and fix mold problems since they threaten health and safety. If the renter caused the issue, they may have to fix it or pay the treatment cost as rent.
Landlord Responsibilities Regarding Pests in Rhode Island
Rhode Island landlords are responsible for fixing pest problems that affect more than one rental unit, including ants, mice, roaches, and bedbugs. If pests affect only one unit, they’re the renter’s responsibility unless the landlord’s failure to maintain the property created the issue.
Landlords and renters are both responsible for making sure to neatly stack any piled trash or debris at least 18 inches above the ground, so as not to attract rodents.
Landlord Responsibilities for Windows and Window Coverings in Rhode Island
Rhode Island landlords are responsible for furnishing and maintaining most windows.
Unless there’s a written agreement otherwise, the landlord must provide screens, double doors, and storm doors/windows wherever required by code, along with blinds for all bedrooms and bathrooms. Once provided, it’s the renter’s responsibility to maintain and replace all of these, except as agreed in the lease.
As an issue that affects health and safety, broken windows are the landlord’s responsibility, unless the renter’s actions broke them.
Landlord Responsibilities Regarding Safety Devices in Rhode Island
Rhode Island landlords must provide and maintain smoke alarms, and required carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Rhode Island?
Rhode Island landlords must replace batteries of safety devices, since it’s a landlord’s duty to keep rental property up to code. However, if the landlord and tenant agree in writing, separate from the lease, the landlord can legally pass this responsibility to the tenant.
Landlord Responsibilities for Washers and Dryers in Rhode Island
Rhode Island landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Rhode Island
Rhode Island renters have the right to repairs for issues affecting health and safety, unless they caused the issue themselves. The renter must give written notice to the landlord about the needed repairs. Outside of emergencies, the landlord gets 20 days after notice to perform repairs.
If the issue isn’t fixed in a timely way, the renter could take any of the following actions:
- End the rental agreement
- Get a court order to force repairs
- Self-help for cheap repairs (under $500) and deduct from rent
Sources
- 1 R.I. Gen. Laws § 34-18-22(a)(4) & (a)(6) (2022)
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“(a) A landlord shall…
“(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; …
(6) Supply running water and reasonable amounts of hot water at all times as required by § 45-24.3-7, or applicable local codes if more restrictive, and reasonable heat as required by § 45-24.3-9, or applicable local codes if more restrictive, between October 1 and May 1, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.”
Source Link - 2 R.I. Gen. Laws § 45-24.3-9(1) (2022)
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“(1) Every dwelling must have heating facilities properly installed and maintained in safe and working condition, and capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located at a distance of eighteen inches (18″) above the floor level under average winter conditions to a temperature of at least sixty-eight degrees (68 °) fahrenheit.”
Source Link - 3 R.I. Gen. Laws § 45-24.3-7(1)(i) & (2) (2022)
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“(1) Every dwelling unit must have… (i) A kitchen sink in good working condition … which provides, at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system or septic tank …
“(2) Within every dwelling unit there must be a nonhabitable room which is equipped with a flush water closet and lavatory basin in good working condition.”
Source Link - 4 R.I. Gen. Laws § 45-24.3-7(1)(iii) (2022)
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“(1) Every dwelling unit must have… (iii) A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than fifty degrees (50 °) fahrenheit, but more than thirty-two degrees (32 °) fahrenheit, under ordinary maximum summer conditions, properly installed with all necessary connections for safe, sanitary, and efficient operation; provided, that the stove, refrigerator, and/or similar devices, need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide these on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of the stove, refrigerator, and/or similar devices is provided.”
Source Link - 5 R.I. Gen. Laws § 45-24.3-8 (e)(3) & (e)(5) (2022)
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“(e) Where there is usable electric service available from power lines, not more than three hundred feet (300′) away from a dwelling, every dwelling unit, and all public and common areas, must be supplied with electric service…
“(3) Every water closet compartment, bathroom, and kitchen or kitchenette, laundry room, furnace room, and public hall must contain at least one supplied ceiling, or wall, electric light fixture. …
“(5) Every public hall and stairway in every multiple dwelling must be adequately lighted by natural or electric light.”
Source Link - 6 R.I. Gen. Laws § 45-24.3-6(e) & (f) (2022)
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“(e) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner, and if a container is used for storage pending collection it shall be rodent proof, insect proof, and watertight.
“(f) Every owner or operator of a dwelling containing four (4) or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single, two (2) or three (3) family dwellings and structures it is the responsibility of the occupant to furnish those facilities or refuse containers.”
Source Link - 7 R.I. Gen. Laws § 34-18-22(a)(5) (2022)
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“(a) A landlord shall… (5) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit as required by § 45-24.3-6, or applicable local codes if more restrictive, and arrange for their removal.”
Source Link - 8 R.I. Gen. Laws § 45-24.3-6(i) (2022)
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“(i) Every occupant of a dwelling containing a single dwelling unit and every occupant of a structure is responsible for the extermination of any insects, rodents, or other pests therein or on the premises. Every occupant of a dwelling unit, in a dwelling containing more than one dwelling unit, is responsible for this extermination whenever his or her dwelling is the only one infected. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by a failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination is the responsibility of the owner.”
Source Link - 9 R.I. Gen. Laws § 45-24.3-6(k) (2022)
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“(k) No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in a manner that may provide a rodent harborage in or about any dwelling, dwelling unit, or structure. Stored materials shall be stacked neatly in piles elevated at least eighteen inches (18″) above the ground or floor.”
Source Link - 10 R.I. Gen. Laws § 45-24.3-6(g) & (h) (2022)
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“(g) The owner of a dwelling, dwelling unit, or structure is responsible for providing and hanging all screens and double or storm doors and windows where used for ventilation whenever they are required under the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, except where there is a written agreement between the owner and occupant. In the absence of an agreement, maintenance or replacement of screens, and storm doors and windows, once installed in any one season, become the responsibility of the occupant.
“(h) The owner of a dwelling or dwelling unit is responsible for the providing and hanging of shades or other devices on every window of every room used for sleeping and for every room equipped with a flush water closet or bathtub, affording privacy to persons within those rooms. Once installed in any one rental by the owner, replacements become the responsibility of the occupant.”
Source Link - 11 R.I. Gen. Laws § 34-18-22(a)(1) & (a)(2) (2022)
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“(a) A landlord shall:
“(1) Comply with the requirements of applicable building and housing codes 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.”
Source Link - 12 450-RICR-00-00-8.1.24.6.3.1.1 & 450-RICR-00-00-8.1.25.2.1.3 (2018) (multiple subsections excerpted)
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“Smoke Alarms shall be installed outside sleeping areas and on each level of the dwelling unit(s) (including basements). … Carbon Monoxide Alarms or Detectors shall be installed outside sleeping areas.
“[For] all three (3) family apartment buildings hereinafter constructed or converted for residential occupancy, including modular homes… Carbon monoxide alarms shall only be required where either of the following conditions exist:
“(1) Dwelling units with communicating attached garages, unless otherwise exempted by § 25.2.1.3.1.
“(2) Dwelling units containing fuel-burning appliances or fuel-burning fireplaces.”
Source Link - 13 R.I. Gen. Laws § 34-18-22(c) (2022)
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“(c) The landlord and tenant of a dwelling unit may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling but only if:
“(1) The agreement of the parties is entered into in good faith and set forth in a writing signed by the parties and supported by adequate consideration;
“(2) The work is not necessary to cure noncompliance with subsection (a)(1); and
“(3) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.”
Source Link - 14 R.I. Gen. Laws § 34-18-28(a) & (b) (2022)
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“(a) Except as provided by this chapter, if there is a 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, and the rental agreement shall terminate as provided in the notice subject to the following: …
“(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for noncompliance by the landlord with the rental agreement or § 34-18-22. If the landlord’s noncompliance is willful, the tenant may recover reasonable attorney’s fees.”
Source Link - 15 R.I. Gen. Laws § 34-18-30(a)
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Source Link
(a) If the landlord fails to comply with subsection of § 34-18-22(a)(1), (2), (4), (5), or (6), and the reasonable cost of compliance is less than five hundred dollars ($500) in the aggregate per year, the tenant may cause repairs to be 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 if:
(1) The tenant notifies the landlord of the tenant’s intention to correct the condition at the landlord’s expense; and (2) The landlord fails to comply within twenty (20) days, or fails to demonstrate ongoing, good faith efforts to comply, after being notified by the tenant in writing; or, in the case of emergency, the landlord either cannot be reached by the tenant, or the landlord fails to comply as promptly as conditions require; and (3) The tenant submits an itemized statement to the landlord of the cost or the fair and reasonable value of the repairs made.
