A Rhode Island residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Rhode Island Residential Lease Agreement Disclosures
These disclosures are required for some or all residential lease agreements in Rhode Island:
Disclosure | Applicable To |
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Landlord’s Name and Address | All Units |
Housing Code Violation | Units with Outstanding Code Violations |
Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applicable to all Rhode Island rentals.
Rhode Island leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.
Housing Code Violation Notice
Applicable to any Rhode Island rental with an outstanding housing code violation.
Rhode Island landlords must disclose any outstanding housing violations before executing a rental agreement. Notice of violation must be delivered to the tenant within 30 days of receiving such a notice, unless the landlord within that time corrects all relevant violations.
A lease disclosure plus a copy of the relevant citation(s) will satisfy this legal requirement.
Download: Rhode Island Housing Code Violation Notice Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any Rhode Island rental built before 1978.
For any property built before 1978, federal law requires that a Rhode Island residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint.
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Rhode Island Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Rhode Island law in residential lease agreements, but assist with tenant management and help limit landlord liability.
Optional Disclosure | Purpose |
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Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Rhode Island does not regulate late fees. Returned check fees are capped at $25 per check. Landlords may collect an additional minimum $200 and maximum $1,000 after after 30 days past due, depending on the unpaid amount. |
Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
Move-in Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Rhode Island landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 RI Gen L § 34-18-20 (2019)
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(a) A landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name, address and number of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(b) The information required to be furnished by this section shall be kept current. This section extends to and is enforceable against any successor landlord, owner, or manager.
- 2 RI Gen L § 34-18-22.1 (2019)
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(b) A landlord, prior to entering into any residential rental agreement, shall inform a prospective tenant of any outstanding minimum housing code violations which exist on the building that is the subject of the rental agreement.
- 3 RI Gen L § 6-42-3 (2019)
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(a) If a check, draft, or other instrument has not been paid within thirty (30) days after the holder has sent a notice of dishonor to the maker or drawer of a check, draft, or other instrument that has been dishonored, pursuant to §§ 6-42-1 and 6-42-2, the holder may seek the damages provided under this section in the district court and may at the holder’s election be in accordance with the procedure for small claims set forth in chapter 16 of title 10.
(b) The maker or drawer of a dishonored check or other instrument who fails to pay the amount demanded within thirty (30) days of the mailing of the notice of dishonor shall be liable to the holder for:
(1) The amount of the check or other instrument;
(2) A collection fee of twenty-five dollars ($25.00);
(3) An amount equal to three (3) times the amount of the check or instrument, but in no case less than two hundred dollars ($200) and in no case more than one thousand dollars ($1,000).