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5 | 5 | | 2025 -- H 5676 |
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6 | 6 | | ======== |
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7 | 7 | | LC000652 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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16 | 16 | | Introduced By: Representatives Perez, Batista, Diaz, Shallcross Smith, and Fellela |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: House Judiciary |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 34-18-15 of the General Laws in Chapter 34-18 entitled "Residential 1 |
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23 | 23 | | Landlord and Tenant Act" is hereby amended to read as follows: 2 |
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24 | 24 | | 34-18-15. Terms and conditions of rental agreement. 3 |
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25 | 25 | | (a) A landlord and a tenant may include in a rental agreement terms and conditions not 4 |
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26 | 26 | | prohibited by this chapter or other rule of law, including rent, term of the agreement, and other 5 |
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27 | 27 | | provisions governing the rights and obligations of the parties. 6 |
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28 | 28 | | (1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose 7 |
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29 | 29 | | those fees in the same section as the rent disclosure and shall indicate that additional fees may 8 |
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30 | 30 | | apply. This requirement does not apply whenever the tenant or unit are receiving state or federal 9 |
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31 | 31 | | subsidies that require a different lease format. 10 |
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32 | 32 | | (2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of 11 |
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33 | 33 | | all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be 12 |
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34 | 34 | | disclosed in writing at least thirty (30) days prior to the change becoming effective. 13 |
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35 | 35 | | (3) In any lease agreement the landlord shall disclose which utility costs are included in 14 |
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36 | 36 | | the rent and which utility costs are the tenant’s responsibility. If there is no written lease, the 15 |
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37 | 37 | | landlord shall provide this information to the tenant in writing. 16 |
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38 | 38 | | (4) If a tenant is required to obtain renters insurance, this requirement must be stated in the 17 |
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39 | 39 | | lease or if there is no written lease the landlord shall provide this information to the tenant in 18 |
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40 | 40 | | writing. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000652 - Page 2 of 4 |
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44 | 44 | | (5) If a landlord fails to comply with subsections (a)(1) — (a)(4) of this section, the tenant 1 |
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45 | 45 | | may recover any fees paid for the unit that were not disclosed as required. 2 |
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46 | 46 | | (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and 3 |
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47 | 47 | | occupancy of the dwelling unit. 4 |
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48 | 48 | | (c) Rent is payable without demand or notice at the time and place agreed upon by the 5 |
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49 | 49 | | parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at 6 |
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50 | 50 | | the beginning of any term of one month or less and otherwise in equal monthly installments at the 7 |
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51 | 51 | | beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-8 |
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52 | 52 | | day. 9 |
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53 | 53 | | (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case 10 |
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54 | 54 | | of a roomer who pays weekly rent, and in all other cases month to month. 11 |
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55 | 55 | | (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65) 12 |
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56 | 56 | | during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in 13 |
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57 | 57 | | order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing 14 |
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58 | 58 | | facility, or a unit in a private or public housing complex designated by the federal government as 15 |
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59 | 59 | | housing for the elderly. The tenant may terminate the rental agreement by notice given in writing 16 |
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60 | 60 | | to the usual person to whom rental payments are made. The notice shall be accompanied by 17 |
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61 | 61 | | documentation of admission or pending admission to a facility or housing complex described in 18 |
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62 | 62 | | this section. Termination of the rental agreement shall be effective no earlier than forty-five (45) 19 |
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63 | 63 | | days after the first rental payment due date following delivery of written notice of termination. 20 |
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64 | 64 | | (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a 21 |
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65 | 65 | | servicemember’s dependents may be unilaterally terminated if: 22 |
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66 | 66 | | (i) The lease is executed by or on behalf of a person who, thereafter, and during the term 23 |
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67 | 67 | | of the lease, enters military service; or 24 |
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68 | 68 | | (ii) The servicemember, while in military service, executes the lease and thereafter receives 25 |
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69 | 69 | | military orders for a change of permanent station or to deploy with a military unit, or as an 26 |
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70 | 70 | | individual in support of a military operation, for a period of not less than ninety (90) days; and 27 |
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71 | 71 | | (iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or 28 |
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72 | 72 | | the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military 29 |
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73 | 73 | | orders. 30 |
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74 | 74 | | (2) Effective date of lease termination. In the event that a lease provides for monthly 31 |
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75 | 75 | | payment of rent, termination of the lease under this section is effective thirty (30) days after the 32 |
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76 | 76 | | first date on which the next rental payment is due and payable after the date on which the notice is 33 |
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77 | 77 | | delivered. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000652 - Page 3 of 4 |
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81 | 81 | | (3) In the case of any other lease, termination of the lease is effective on the last day of the 1 |
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82 | 82 | | month following the month in which the notice is delivered. 2 |
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83 | 83 | | (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the 3 |
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84 | 84 | | period preceding the effective date of the lease termination on a prorated basis. The lessor may not 4 |
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85 | 85 | | impose an early termination charge, but any taxes, summonses, or other obligations and liabilities 5 |
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86 | 86 | | of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee 6 |
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87 | 87 | | for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the 7 |
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88 | 88 | | lessee. 8 |
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89 | 89 | | (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the 9 |
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90 | 90 | | effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the 10 |
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91 | 91 | | lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the 11 |
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92 | 92 | | termination of the lease. 12 |
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93 | 93 | | (6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation 13 |
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94 | 94 | | a dependent of the lessee may have under the lease. 14 |
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95 | 95 | | (g) During any twelve (12) month period, no rent increase shall be in an amount greater 15 |
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96 | 96 | | than ten percent (10%) plus the increase in consumer price index above the existing rent. For 16 |
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97 | 97 | | purposes of this section, the “consumer price index” refers to the Consumer Price Index for all 17 |
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98 | 98 | | Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as 18 |
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99 | 99 | | of September 30 of the prior calendar year. 19 |
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100 | 100 | | SECTION 2. This act shall take effect upon passage. 20 |
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101 | 101 | | ======== |
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102 | 102 | | LC000652 |
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103 | 103 | | ======== |
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104 | 104 | | |
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105 | 105 | | |
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106 | 106 | | LC000652 - Page 4 of 4 |
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107 | 107 | | EXPLANATION |
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108 | 108 | | BY THE LEGISLATIVE COUNCIL |
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109 | 109 | | OF |
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110 | 110 | | A N A C T |
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111 | 111 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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112 | 112 | | *** |
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113 | 113 | | This act would limit residential rent increases to ten percent (10%) plus the increase in the 1 |
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114 | 114 | | Consumer Price Index (CPI) annually. 2 |
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115 | 115 | | This act would take effect upon passage. 3 |
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116 | 116 | | ======== |
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117 | 117 | | LC000652 |
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118 | 118 | | ======== |
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