| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Trash disposal Cleaning costs Charges outlined in lease |
| Return Deadline | 20 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Deposit + Attorneys’ Fees |
For laws on security deposit collections and holdings in Rhode Island, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Rhode Island
Rhode Island allows these deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Trash disposal
- Cleaning costs
- Other charges as outlined in the lease
Most states, including Rhode Island, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Rhode Island?
Unlike many states, Rhode Island has a formal standard for “Ordinary Wear and Tear.” This is the definition in state law:
“Ordinary wear and tear” means deterioration of the premises which is the result of the tenant’s normal nonabusive living.
Examples include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Rhode Island?
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Rhode Island?
Rhode Island landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Rhode Island?
Rhode Island law allows landlords to charge for reasonable cleaning costs. “Reasonable” means the cost is consistent with normal rates for cleaning services and the cleaning is limited to bringing the unit back to its original condition at the start of the lease.
Landlords cannot charge for excessive deep cleaning or at a rate that is not typical for local cleaning services.
Can the Landlord Charge for Painting in Rhode Island?
Rhode Island landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Rhode Island
Landlords must return a security deposit and/or furniture deposit by mail with a written notice to the tenant’s forwarding address no later than 20 days after the required conditions have been met.
How Long Do Landlords Have to Return Security Deposits in Rhode Island?
Rhode Island landlords have 20 days to return any unused portion of the security deposit. The period begins once all three of these events have occurred:
- The lease terminates
- Tenant delivers possession of the property to the landlord
- Tenant provides a forwarding address
Do Landlords Owe Interest on Security Deposits in Rhode Island?
Unlike in some states, such as New Jersey, landlords in Rhode Island do not owe interest on security deposits.
How Do Landlords Give Notice in Rhode Island?
Written notice must be mailed to the tenant’s forwarding address and must include the amount of the security deposit due, if any, to the tenant, plus a written list of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Rhode Island?
Rhode Island law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Rhode Island
If landlords do not return the security deposit within the 20-day period, tenants can file for damages in court up to twice the amount of the deposit plus attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice when deductions are made from a security deposit
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Rhode Island?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $5,000. If the amount is greater, the tenant must file in the local District Court.
A small claims case must be filed within 10 years and an attorney is not required except for certain small corporations. Cases are filed in the Small Claims Court for the county where the property is located. Filing fees are $55 to $75.75 depending on your filing method (in person or electronic).
Sources
- 1 R.I. Gen. Laws § 34-18-19(b) - (d)
-
(b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for reasonable trash disposal expenses and the amount of physical damages to the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with § 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord shall deliver the notice, together with the amount of the security deposit due to the tenant, within twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing the landlord with a forwarding address for the purpose of receiving the security deposit.
(c) If the landlord fails to comply with subsection (b), the tenant may recover the amount due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, and reasonable attorney fees.
(d) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under this chapter.
Source Link - 2 R.I. Gen. Laws § 34-18-11(8)
-
“Ordinary wear and tear” means deterioration of the premises which is the result of the tenant’s normal nonabusive living and includes, but is not limited to, deterioration caused by the landlord’s failure to prepare for expected conditions or by the landlord’s failure to comply with his or her obligations.
Source Link - 3 R.I. Gen. Laws § 10-16-1
-
In all ex contractu civil actions and in any action to recover the amount of any tax for money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, and in all actions or suits to recover damages resulting from a retail sale of tangible personal property to a member of the general public or from services rendered to a member of the general public in which the plaintiff seeks to recover an amount of money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, and in all actions or suits based upon a negotiable instrument involving an amount of money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, the procedure shall, at the plaintiff’s election, shown by his or her waiver of appeal, be as provided by this chapter.
Source Link - 4 R.I. Gen. Laws § 8-8-3(c)
-
The district court shall have concurrent original jurisdiction with the superior court of all civil actions at law wherein the amount in controversy exceeds the sum of five thousand dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in any such action, any one or more defendants may in the answer to the complaint demand removal of the action to the superior court, in which event the action shall proceed as if it had been filed originally in the superior court.
Source Link - 5 R.I. Gen. Laws § 9-1-13(a)
-
Except as otherwise specially provided, all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after.
Source Link - 6 R.I. Gen. Laws § 10-16-3.1
-
(a) Any corporation with total assets of less than one million dollars ($1,000,000) organized under the laws of this state or licensed to do business under the laws of this state, which is a corporation incorporated as a close corporation pursuant to § 7-1.2-1701, or if the corporation is a close corporation or which is a corporation whose majority stockholders are family members related by blood or marriage, may designate a representative thereof to prosecute claims under this chapter; provided, however, that no representative may be designated to prosecute claims for more than one corporation. The designation authorized by an officer of the corporation shall be filed with the clerk of the district court in which any claim is filed.
(b) No representative under this section, if not licensed to practice law, shall be deemed to be practicing law without a license.
Source Link
