A Rhode Island month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Rhode Island Month-to-Month Rental Agreement
In Rhode Island, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Rhode Island landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Rhode Island
Rhode Island landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Comprehensive Fee Disclosure – Rhode Island leases must list all fees beyond the rent for which the tenant is responsible, including which utilities the tenant pays and whether the tenant must carry renters insurance.
- Code Violation Notice – Rhode Island landlords must disclose any outstanding housing violations before executing a rental agreement.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Rhode Island
Rhode Island lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Rhode Island requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Rhode Island Month-to-Month Lease
Rhode Island requires at least 60 days of advance notice before a rental increase, delivered in writing. This requirement increases to 120 days for tenants over the age of 62.
Eviction in Rhode Island Month-to-Month Rentals
Rhode Island tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Rhode Island typically take one to four months.
For more information on the eviction process in Rhode Island, click here.
Sources
- 1 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.
Source Link - 2 R.I. Gen. Laws § 34-18-37
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least ten (10) days before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice.
(c) The landlord or tenant may terminate a year-to-year tenancy by written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least three (3) months prior to the expiration of the occupation year.
Source Link - 3 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.
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