Rhode Island’s residential rental market tends to move quickly, whether you’re leasing a house near the shore in Newport or a condo close to campus in Providence (or somewhere in between). In this kind of market, not every rental agreement calls for a long-term commitment. In these cases, a Rhode Island month-to-month lease agreement can be a practical solution.
Despite its flexibility, a Rhode Island month-to-month lease agreement, or a tenancy at will, remains a legally binding contract. Below, we’ll take a closer look at everything landlords need to know about this type of rental agreement.
Disclosures (4)
Rhode Island landlords are required to provide their tenants with certain information before signing a lease.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Landlord identification: Landlords must give their tenants the name and contact information of the owner or landlord responsible for managing the rental (R.I. Gen. Laws § 34-18-20(a)).
- Housing code violation: If landlords have received any housing code violations within the past 30 days, they must disclose this to their tenant (R.I. Gen. Laws § 34-18-22.1).
- Non-resident landlord notice: If landlords are not Rhode Island residents, they must designate a local agent to manage the property. This notice must include their contact information and the property address (R.I. Gen. Laws § 34-18-22.3).
Optional Disclosures and Addenda
State law does not require landlords to include these disclosures with their Rhode Island month-to-month lease agreement, but including them helps to prevent confusion and increase transparency.
Asbestos: May be present, especially in older homes. An asbestos disclosure informs tenants of any asbestos in the unit and provides tips to minimize risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Medical marijuana: Rhode Island permits the use of medical marijuana; however, landlords have the right to restrict its use in the unit. Including this disclosure helps prevent any confusion.
Mold disclosure: Discloses any known or suspected mold issues in the unit, including treatment options, and reminds tenants of their obligation to report any mold issues immediately.
Non-refundable fees: Outlines any one-time, non-refundable fees associated with the rental.
Rules and regulations: For multi-unit rental properties, Rhode Island landlords may have house rules on quiet hours, trash disposal, parking, and more.
Shared utilities: If any units share a utility meter, or if any units share a meter with a common area, this explains how landlords will divide and charge utilities.
Smoking: Details the unit’s smoking policy and designates any smoking areas on the property.
Additional Rhode Island Month-to-Month Lease Laws
Other laws apply to their Rhode Island month-to-month lease agreement. Here’s what landlords need to know to keep their rental agreement compliant.
Notice to Terminate a Month-to-Month Agreement
Since a Rhode Island month-to-month lease agreement doesn’t have a set end date, either a tenant or a landlord must give proper notice to terminate the lease.
Required notice for tenant: Rhode Island tenants must give at least 30 days’ written notice to terminate a month-to-month lease (R.I. Gen. Laws § 34-18-37(b)).
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate a month-to-month lease (R.I. Gen. Laws § 34-18-37(b)).
Laws Governing Rent Increases
Rhode Island has no state-wide rent control laws, meaning that there is no limit to how much a landlord can increase rent. However, there are specific notice requirements for raising rent costs. For tenants who are 62 or younger, landlords must give 60 days’ written notice. For tenants older than 62, this notice increases to 120 days (R.I. Gen. Laws § 34-18-16.1).
Lease Violations and Eviction
State law clearly outlines how landlords should respond to any lease violations.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 5-day Notice to Quit after the required 15-day grace period (R.I. Gen. Laws § 34-18-35(a)).
Lease violation: For other lease violations, landlords may issue a 20-day Notice to Cure or Quit, allowing their tenant 20 days to fix the issue or the lease terminates (R.I. Gen. Laws § 34-18-36(a)).
Lease abandonment: If the tenant abandons their lease early, landlords can attempt to collect rent for the remainder of the lease term or until landlords re-rent the unit, whichever comes first (R.I. Gen. Laws § 34-18-40).
Self-help evictions: In Rhode Island, self-help evictions are illegal. Landlords should always follow the legal process for evicting a tenant.
Rent Payment Laws
Rhode Island also has clear laws surrounding rent payment. Follow these rules to stay compliant.
Rent control/stabilization: Rent control and stabilization do not exist in Rhode Island. Landlords may increase the rent whenever they choose and by any amount they choose, as long as they give proper notice to their tenant (R.I. Gen. Laws § 34-18-16.1).
Late rent fees: Rhode Island does not limit how much landlords can charge as a late fee, provided the fee is clearly outlined in the lease template.
Grace period: Rhode Island requires landlords to provide tenants with a 15-day grace period for late rent payments (R.I. Gen. Laws § 34-18-35(a)).
Tenant’s right to withhold rent: If a landlord fails to make a necessary repair, Rhode Island allows tenants to make the repair themselves (up to $500) and deduct the cost from a future rent payment (R.I. Gen. Laws § 34-18-30(a)).
Pet rent laws: Rhode Island allows landlords to charge a separate pet rent, provided the amount is reasonable, and the fee is clearly listed in the lease agreement.
Security Deposits
Rhode Island law also applies to security deposits, which are collected to help landlords protect their investment from unpaid rent or excessive damage.
Maximum amount: Rhode Island allows landlords to collect up to 1 month’s rent as a security deposit (R.I. Gen. Laws § 34-18-19(a)).
Deposit receipt: In Rhode Island, landlords do not have to issue a receipt for their tenant’s security deposit payment.
Interest payments: Rhode Island law does not require landlords to keep tenants’ security deposits in an interest-bearing account or to pay interest to tenants.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 20 days of lease termination (R.I. Gen. Laws § 34-18-19(b)).
Deductions: If landlords deduct funds from the deposit, they must provide their tenant with a detailed list of the charges when they return the balance of the security deposit within 20 days of lease termination (R.I. Gen. Laws § 34-18-19(b)).
Property Access Laws
Rhode Island law balances a tenant’s right to quiet enjoyment of their home with a landlord’s responsibility for maintaining the rental.
Advance notice: For general entry reasons, such as maintenance or showings, landlords must give their tenant at least 2 days’ written notice before entering the unit (R.I. Gen. Laws § 34-18-26(c)).
Immediate access: If there is an emergency, or if the tenant has been gone for more than 7 days and something inside the unit needs attention, landlords may have immediate access to the property (R.I. Gen. Laws § 34-18-26(b)).
Harassment: Failure to follow these guidelines is often considered landlord harassment. In these cases, the tenant has the right to pursue damages or terminate the lease early.
