How Long Can a Residential Lease Be in Rhode Island?

Depending on circumstances, in Rhode Island it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in Rhode Island?

Yes, a contract to lease is legally binding in Rhode Island. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Rhode Island?

No, lease agreements do not need to be notarized in Rhode Island. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Rhode Island?

Yes, a lease can automatically renew in Rhode Island. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Rhode Island Residential Lease Agreement

A Rhode Island residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

Rhode Island Residential Lease Agreement Disclosures

These disclosures are required for residential lease agreements in Rhode Island:

Disclosure	Applicable To
Landlord’s Name and Address	All Units
Housing Code Violation	Units with Outstanding Code Violations
Comprehensive Fee Disclosure	All Units
Lead Paint	All Units Built Before 1978

Landlord’s Name and Address

Applies to all Rhode Island rentals.

Rhode Island leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.

Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.

Housing Code Violation Notice

Applies 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, if the violation is current and hasn’t been fixed within that time.

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)

Comprehensive Fee Disclosure

Applies to all Rhode Island rentals.

Rhode Island leases must list all fees beyond the rent for which the tenant is responsible. This includes which utilities the tenant is responsible for paying, and whether the tenant must carry renters’ insurance.

note

Rhode Island has an unusual approach to returned check fees. State law caps them at $25 per check. They may be charged after 30 days unpaid, through a civil action. This also entitles the landlord to collect an additional minimum $200 and maximum $1,000, depending on the unpaid amount.

Lead-Based Paint Disclosure

Applies to any Rhode Island rental built before 1978.

Rhode Island residential leases for property built before 1978 must, by federal law, 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 help with tenant management and landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing 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.
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 efforts, plus information about treatments. This helps limit landlord liability.
Move-in Checklist	Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
Shared Utilities Arrangements	Sets terms for how to divide utility costs up on properties which share a utility meter with other units. 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 the benefit of both landlord and tenant. 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. Many lease provisions may be unenforceable without legally required disclosures.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

Sources

1 R.I. Gen. Laws § 34-18-20(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.
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2 R.I. Gen. Laws § 34-18-22.1(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.
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3 R.I. Gen. Laws § 34-18-15(a)(1) - (a) (5): (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.
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4 R.I. Gen. Laws § 6-42-3(a) & (b): (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).

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