The Rhode Island residential lease agreement (“rental agreement”) is a document that outlines the terms and conditions of the residential use of real estate in exchange for rent payments. The contract includes the length of the agreement (” lease term”), payment amount (”rent”), and the obligations of both landlord and tenant.
Rhode Island Lease Agreement Disclosures
The following disclosures are either required for some or all residential lease agreements in Rhode Island.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Housing Code Violation | Units with Outstanding Housing Violations |
| Lead Paint | All Units Prior to 1978 |
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Rhode Island.
Landlord’s Name & Address
Applicable to all rental units in Rhode Island.
Any individual authorized to manage the rental property (including the landlord and owner) must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Generally, this information is provided in the lease agreement and shall be provided to the tenant in writing at or before the commencement of the tenancy.
Housing Code Violation Notice
Applicable to any property with an outstanding housing code violation.
Before entering a lease with a prospective tenant, Rhode Island landlords must disclose any outstanding housing violations that exist in the same building as the unit for rent. The notice of violation shall be delivered to the tenant within 30 days of receiving the notice, unless the landlord has corrected all violations in the notice to the requirements of the building code.
Landlords can provide a copy of the violation to satisfy this requirement, along with a disclosure within the lease.
Download: Rhode Island Housing Code Violation Notice Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Rhode Island to:
- 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 additional records or reports about the presence or hazards of any known 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 & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Rhode Island law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Rhode Island law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Rhode Island does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease. Returned check fees are limited to $25 per bad check, and if the balance still has not been paid within 30 days after notice is received, the tenant is subject to an additional three (3) times the balance owed in damages.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
- Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings begin to deteriorate.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to the tenant’s negligence during the lease term.
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).
