Under Rhode Island law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Rhode Island
In Rhode Island, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Rhode Island’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating, Oct. 1 – May 1 | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Rhode Island
Landlords are required to make necessary repairs in a timely manner. In Rhode Island, repairs must be made within 20 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Rhode Island tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs (under $500 total value) and deduct from the rent.
Tenant Responsibilities in Rhode Island
In addition to paying rent in a timely manner, Rhode Island tenants must:
- Keep the unit safe and habitable
- Remove garbage and keep fixtures sanitary
- Comply with all building and housing codes affecting health and safety
- Keep all plumbing fixtures clean
- Make small repairs and maintenance
- Use all facilities and appliances in a reasonable manner
- Not deliberately destroy or deface any part of the premises
- Refrain from using any part of the premises (or any adjacent public property) for the manufacture, sale, delivery, or abuse of a controlled substance
- Refrain from any crime of violence on the premises (or any adjacent public property)
- Not disturb other tenants or neighbors
Evictions in Rhode Island
Rhode Island law empowers landlords to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent, then the landlord may issue a 5-Day Notice To Pay after the state-mandated 15-day grace period. If the tenant still does not pay, then the landlord may file a Complaint for Eviction of Nonpayment of Rent.
- Lease Violation: If a lease violation occurs, then the landlord may issue a 20-Day Notice To Comply. If the terms of the lease are not met within the notice period, then the landlord may pursue formal eviction.
- No Lease/ End of Lease: If a tenant remains on the property after the lease term has expired, the landlord must give tenants a notice to quit before evicting them. The notice period depends on the type of tenancy.
- Week-to-Week: 10-Day Notice To Quit.
- Month-to-Month: 30-Day Notice To Quit.
- Year-to-Year: 90-Day Notice To Quit.
- Foreclosure of Rental Property: If a rental unit is foreclosed upon, the tenants cannot be evicted without cause. If there is a reason to terminate the tenancy, such as nonpayment of rent, lease violation, etc. the tenant must be given a 30-Day Notice To Quit prior to eviction.
- Illegal Acts: Rhode Island landlords are empowered to evict tenants immediately if they have documentation of illegal drugs use, sale or criminally violent actions occurring on the property.
Rhode Island landlords are not permitted to evict tenants as a retaliatory or discriminatory act.
Landlord Retaliation in Rhode Island
It’s illegal for Rhode Island landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Rhode Island
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1 month’s rent, except landlords can collect an additional 1 month’s rent if the unit is furnished over a value of $5,000
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, physical damage, cleaning costs, trash disposal, and charges mentioned in the lease agreement
- Time Limit for Return: 20 days
- Max. Penalty for Late Return: Tenants can sue for twice the deposit plus attorneys’ fees
Lease Termination in Rhode Island
Notice Requirements: If a Rhode Island tenant on a periodic lease wishes to terminate that lease, they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 months |
Early Termination: Rhode Island tenants may legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Landlord harassment
- Advanced age or health issues
Cost of Breaking a Lease in Rhode Island
If a Rhode Island tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Rhode Island
Rhode Island does not have rent control laws limiting the amount that landlords may ask for rent. Although state law does not prohibit local governments from establishing their own rent control laws and some have made attempts, none have been successful.
Because Rhode Island does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give tenants 60 days of advance notice to increase the rent. However, tenants older than 62 on a month-to-month lease must be given 120 days of advance notice.
Housing Discrimination in Rhode Island
Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, sex, familial status, religion, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Rhode Island state adds extra protections for tenants on the basis of age, sexual orientation, gender identity/expression, and domestic abuse victim status.
Discriminatory Acts and Penalties: The state’s civil rights laws are overseen and enforced by the Rhode Island Human Rights Commission. They have outlined the following behaviors as potentially discriminatory when directed at a member of a protected class:
- Refusing to rent, sell, or negotiate housing
- Falsely claiming a unit is unavailable
- “Steering” tenants towards or away from certain units or neighborhoods
- Setting different terms or conditions
- Advertising that indicates a discriminatory preference
- Failing to make reasonable accommodations
If a tenant is a victim of housing discrimination, they can file an Intake Questionnaire on the Commission’s website.
Additional Landlord Tenant Regulations in Rhode Island
In addition to having laws that address general issues like repairs and security deposits, most states, including Rhode Island, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Rhode Island
Rhode Island landlords have the right to enter rental property for inspections, maintenance, and property showings. In most cases, they must give at least 2 days’ notice before entering an inhabited property and the entry must occur at a reasonable time of day. Landlords may enter without permission in the case of emergencies.
Rent Collection and Related Fees in Rhode Island
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, except it must be reasonable
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Not required
Small Claims Court in Rhode Island
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Rhode Island Small Claims Court is a division of District Court. The process takes approximately one to three months.
Mandatory Disclosures in Rhode Island
Rhode Island landlords must make the following mandatory disclosures:
- Fees Disclosure: Landlords must disclose all fees beyond the rent, note which utilities are and aren’t the tenant’s responsibility, and state whether the tenant has to purchase renters insurance. A tenant does not have to pay for fees that were not properly disclosed.
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about concentrations of lead paint.
- Authorized Agents: Landlords must also provide the names and addresses of those involved in managing the property.
- Housing Code Violation: If a property has an outstanding housing code violation, the landlord must disclose this information to the tenant.
Changing the Locks in Rhode Island
Rhode Island law is not specific about tenants changing locks. Tenants are therefore allowed to change the locks, as long as this doesn’t prevent a landlord’s right to access the property for legally allowed purposes (which means it’s usually reasonable for tenants to provide copies of keys, if they change a lock). Landlords are forbidden from unilaterally changing locks as a form of “self help” eviction.
Local Laws in Rhode Island
Many cities in Rhode Island have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Providence Landlord Tenant Rights
Providence bans housing discrimination against tenants on the basis of their legal source of income.
Check your local county and municipality for additional landlord tenant regulations.
Sources
- 1 R.I. Gen. Laws § 34-18-30(a)
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(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. - 2 R.I. Gen. Laws § 16.1(a) & (b)
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(a) Prior to an increase in rent being imposed by a landlord for a residential tenancy, excluding an independent living facility, assisted living facility, or congregate care facility, notice of the increase shall be given in writing to any tenant by a landlord at least sixty (60) days prior to the effective date of the increase.
(b) A landlord must of a residential tenancy, excluding an independent living facility, assisted living facility, or congregate care facility shall give at least one hundred twenty (120) days notice to month to month tenants over the age of sixty-two (62) years, before raising the rent.
Source Link - 3 R.I. Gen. Laws § 34-18-15(a)(1) - (a) (5)
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(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose those fees in the same section as the rent disclosure and shall indicate that additional fees may apply. This requirement does not apply whenever the tenant or unit are receiving state of federal subsidies that require a different lease format.
(2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be disclosed in writing at least thirty (30) days prior to the change becoming effective.
(3) In any lease agreement the landlord shall disclose which utility cost are included in the rent and which utility cost are the tenant’s responsibility. If there is no written lease, the landlord shall provide this information to the tenant writing.
(4) If a tenant is required to obtain renters insurance, this requirement must be stated in the lease or if there is no written lease the landlord shall provide this information to the tenant in writing.
(5) If a landlord fails to comply with subsections (a)(1) through (a)(4) of this section, the tenant may recover any fees paid for the unit that were not disclosed as required.
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