What types of rental accommodations are covered by legislation governing residential tenancies in Rhode Island?
The Rhode Island Residential Landlord and Tenant Act applies to rental agreements for dwelling units such as houses, apartments, suites, and similar accommodations.
What types of rental accommodations are NOT covered by this Act?
The following rental arrangements are not covered by the Act:
(a) residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) occupancy under a contract of sale of a dwelling or the property of which it is a part, if the occupant is the purchaser or the purchaser's successor in interest;
(c) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) transient occupancy in a hotel, motel or other lodging which is subject to State sales and use tax or lodgings tax;
(e) occupancy by a paid employee of a landlord, whose right to occupancy is conditional upon employment substantially for services, maintenance or repair of premises containing more than 11 units;
(f) occupancy by a holder of a proprietary lease in a cooperative;
(g) commercial leases;
(h) residence at a transitional housing facility.
Is it necessary to have a written lease or rental agreement?
Whether the parties have signed a written agreement or not, the Act states that acceptance of rent by the landlord and acceptance of possession of the rental unit by the tenant give the rental agreement the same effect as a signed agreement. However, the absence of a signed agreement limits the term of the rental period to no longer than 1 year.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord can charge a security deposit of not more than 1 month's rent. Upon termination of the tenancy, the landlord must return the deposit, less any amounts for unpaid rent and the cost of physical damage to the premises (other than ordinary wear and tear), to the tenant within 20 days of the end of the tenancy. If the landlord is making deductions from the security deposit, he/she must provide a written itemized list of the deductions.
When is the landlord allowed to increase the rent?
The landlord must give at least 30 days prior written notice before raising the rent.
How can a lease be terminated?
A month-to- month tenancy, or any periodic tenancy for more than 1 month or less than 1 year, can be terminated by either party giving at least 30 days' prior written notice to the other party. A week-to-week tenancy can be terminated by least 10 days' prior written notice. A year-to-year tenancy can be terminated by at least 3 months' prior written notice.
A tenant who is 65 years or older can terminate a rental agreement in order to enter a residential care and assisted living facility, nursing home, or other private or public housing designated as housing for the elderly by giving written notice, with a termination date effective no earlier than 45 days after the first rental payment due date following delivery of the written notice.
Can a tenant assign a lease or sublet the premises?
Generally, the tenant will require the landlord's written consent in order to assign the lease or sublet the unit.
When is the landlord permitted to enter the premises?
The landlord is permitted to enter the premises, on at least 2 days' notice, to inspect the premises, make repairs or alterations, supply services, or show the premises to prospective purchasers, mortgagees, tenants and contractors. The tenant cannot unreasonably withhold consent for the landlord to enter. In case of emergency, the landlord may enter without consent or prior notice, or if the tenant is absent for more than 7 days, if the landlord believes it is reasonably necessary to ensure the protection of the property.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, such as (i) non-payment of rent, (ii) noncompliance with the rental agreement, (iii) endangering the health or safety of the landlord or other tenants, (iv) damage to the premises, (v) holding over after termination or expiration of the tenancy. If after receiving proper notice, the tenant fails to cure the problem, the landlord can commence an eviction action in court against the tenant.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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