Renting out a room in your Rhode Island home can be a smart way to lower housing costs or share expenses. But even when you’re only renting one bedroom, you are still entering into a legally binding residential rental relationship.
A room rental agreement Rhode Island landlords use should clearly outline important terms and rules, as well as the rights and responsibilities of both parties. When expectations are clear, you not only reduce the potential for misunderstandings but you also stay compliant with Rhode Island landlord-tenant law.
Below, we’ll walk through what Rhode Island law requires and how to create a lease agreement correctly.
Room Rental Laws
Room rentals fall under Rhode Island landlord-tenant law, which governs key aspects of your Rhode Island room rental agreement, including:
- Security deposits
- Rent and fees
- Access and privacy
- Maintenance and habitability
- Lease terms and termination
- Eviction and breaches
Even if a room rental agreement Rhode Island landlords use may feel informal, it must comply with all statewide rules.
Different Types of Room Rental Agreements in Rhode Island
Before drafting your rental agreement, decide which tenancy type best suits you.
Verbal agreement: While state law technically recognizes verbal agreements in some situations, they are often difficult to enforce and can lead to misunderstandings. We strongly recommend a written agreement.
Fixed-term lease: A fixed-term lease agreement lasts for a set period, typically 1 year. The benefits of this type of agreement include stability and predictability.
Month-to-month lease: A month-to-month rental agreement, also referred to as a tenancy at will, automatically renews each month until one party gives notice to end the arrangement. This option offers flexibility but requires careful attention to notice the rules.
Required Landlord Disclosure
Rhode Island requires you to provide your tenants with specific information when signing a lease.
Lead-based paint: For any home built before 1978, you must disclose any known information about lead-based paint and its hazards and provide the required EPA pamphlet.
Landlord identification: Your lease must include the name and contact information of the person who is responsible for managing the rental (R.I. Gen. Laws § 34-18-20(a)).
Housing code violation: If you receive any housing code violations, you must inform your tenant within 30 days (R.I. Gen. Laws § 34-18-22.1).
Non-resident landlord notice: All non-resident landlords must assign a local management agent. You must include the name and address of the agent (R.I. Gen. Laws § 34-18-22.3)
Security Deposit Rules
Rhode Island strictly regulates security deposits. Follow these rules to remain compliant.
Maximum security deposit: You may charge up to 1 month’s rent as a security deposit (R.I. Gen. Laws § 34-18-19(a)).
Pet deposits: Rhode Island does not prohibit pet deposits. However, the total security deposit, including any pet deposit, cannot exceed 1 month’s rent (R.I. Gen. Laws § 34-18-19(a)).
Security deposit receipt: You are not required to provide your tenant a receipt for their security deposit.
Deduction tracking: You may deduct from your tenant’s deposit to cover unpaid rent or excessive damages. You have 20 days to send your tenant a list of expenses and receipts for these deductions (R.I. Gen. Laws § 34-18-19(b)).
Security deposit return: You must return your tenant’s security deposit, minus any deductions, within 20 days of lease termination (R.I. Gen. Laws § 34-18-19(b)).
Rent Payment Rules
Clear rent payment rules help prevent misunderstandings and disputes down the road.
Late rent fees: There is no law regarding late rent fees in Rhode Island. You may charge a late fee after the mandatory grace period, as long as you clearly outlined the fee in your rental agreement.
Right to withhold rent: Rhode Island tenants may withhold rent if a landlord fails to make an essential repair valued at $500 or less. In these cases, they must notify the landlord in writing that they will perform the repair if not addressed within 20 days, and they must provide an itemized list of expenses (R.I. Gen. Laws § 34-18-30(a)).
Grace period: Rhode Island requires you to give your tenant a 15-day grace period for late rent payments (R.I. Gen. Laws § 34-18-35(a)).
Pet rent: Pet rent is permitted, provided you clearly disclose it in the lease agreement.
Rent Payment Increase Rules
Rhode Island law allows you to increase the rent as needed, but there are certain rules you must follow.
Rent payment increase frequency: For fixed-term leases, you cannot increase rent during the lease term unless your rental agreement clearly allows it. For month-to-month tenancies, you must give at least 30 days’ written notice before increasing rent (R.I. Gen. Laws § 34-18-16).
Rent payment increase maximum: There are no statewide limits on how much you can increase rent.
Rent control/stabilization: Rent control and stabilization do not exist in Rhode Island.
Rhode Island Room Rental Agreement Breaches
If your tenant violates part of their room rental agreement, Rhode Island law outlines how you should respond.
Failure to pay: If your tenant misses a rent payment, you may issue a 5-day Notice to Pay or Quit after the mandatory grace period (R.I. Gen. Laws § 34-18-35(a)).
Lease violations: For other lease violations, you may issue a 20-day Notice to Cure or Quit (R.I. Gen. Laws § 34-18-36(a)).
Self-help evictions: In Rhode Island, self-help evictions are illegal. All evictions should go through the legal process.
Terminating a Rhode Island Room Rental Agreement
In Rhode Island, termination rules depend on the type of tenancy. Here’s what you need to know.
Fixed-term: A fixed-term lease ends on the date specified in the contract. No additional notice is required.
Month-to-month: In Rhode Island, either party may terminate a month-to-month room rental agreement by giving at least 30 days’ written notice (R.I. Gen. Laws § 34-18-37(b)).
Tenant’s right to terminate: Rhode Island tenants may break their lease early if they are age 65 or older and admitted into assisted living, are joining the military, or received military orders (R.I. Gen. Laws § 34-18-15).
Room abandonment: In Rhode Island, if a tenant abandons their lease, landlords may pursue unpaid rent and damages. However, you must try to lessen damages by attempting to re-rent the room as soon as possible (R.I. Gen. Laws § 34-18-38).
Landlord Access Laws
Rhode Island law protects tenant privacy while respecting your right to maintain your home.
Advance notice: You must give your tenant 48 hours’ notice before entering the room for maintenance or repairs (R.I. Gen. Laws § 34-18-26(c)).
Immediate access: If there is an emergency, you may enter the room without giving notice (R.I. Gen. Laws § 34-18-26(b)).
Landlord harassment: Rhode Island law protects tenants from landlord harassment. Always give proper notice to avoid penalties (R.I. Gen. Laws § 34-18-26(c)).
Lease Agreement Renewal and Termination
Rhode Island law governs the renewal and termination of every room rental agreement in Rhode Island.
Required renewals: Rhode Island landlords are not required to renew a tenant’s lease at the end of its term. Most fixed-term leases convert to a month-to-month lease after the end of the initial term unless 3 months’ notice was given (R.I. Gen. Laws § 34-18-37(c)).
Required notice: Fixed-term leases end on their stated end date, with no additional notice necessary. Month-to-month agreements require 30 days’ written notice by either party to terminate (R.I. Gen. Laws § 34-18-37).
Month-to-month considerations: If either party does not plan to renew a month-to-month agreement, they must give 30 days’ written notice (R.I. Gen. Laws § 34-18-37).
Room Rental Agreement Rhode Island FAQs
What to include in a Rhode Island room rental agreement?
A room rental agreement Rhode Island landlords use should outline all key details of the tenancy, including information about rent, important dates, rights and responsibilities, required disclosures, and more. Use a trusted property management software to make sure you include all the important details.
How do I legally rent out a room?
The first step in legally renting out a room in your Rhode Island home is to create a room rental agreement. The agreement should spell out key terms of the lease, as well as all disclosures required by the state.
How to make a Rhode Island room rental agreement?
The easiest way to make a Rhode Island rental agreement is to use landlord software. Start with a state-specific template, customize the printable PDF, and then have your tenant sign. Be sure to keep a copy for your records, as well.
