Rhode Island 2025 Regular Session

Rhode Island House Bill H5677 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5677
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7	7	LC001868
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
16	16	Introduced By: Representatives Baginski, Finkelman, Shallcross Smith, and Casey
17	17	Date Introduced: February 26, 2025
18	18	Referred To: House Judiciary
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 34-18-15 and 34-18-19 of the General Laws in Chapter 34-18 1
23	23	entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows: 2
24	24	34-18-15. Terms and conditions of rental agreement. [Effective January 1, 2025.] 3
25	25	(a) A landlord and a tenant may include in a rental agreement terms and conditions not 4
26	26	prohibited by this chapter or other rule of law, including rent, term of the agreement, and other 5
27	27	provisions governing the rights and obligations of the parties. 6
28	28	(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose 7
29	29	those fees in the same section as the rent disclosure and shall indicate that additional fees may 8
30	30	apply. This requirement does not apply whenever the tenant or unit are receiving state or federal 9
31	31	subsidies that require a different lease format. 10
32	32	(2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of 11
33	33	all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be 12
34	34	disclosed in writing at least thirty (30) days prior to the change becoming effective. 13
35	35	(3) In any lease agreement the landlord shall disclose which utility costs are included in 14
36	36	the rent and which utility costs are the tenant’s responsibility. If there is no written lease, the 15
37	37	landlord shall provide this information to the tenant in writing. 16
38	38	(4) If a tenant is required to obtain renters insurance, this requirement must be stated in the 17
39	39	lease or if there is no written lease the landlord shall provide this information to the tenant in 18
40	40	writing. 19
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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
45	45	may recover any fees paid for the unit that were not disclosed as required. 2
46	46	(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and 3
47	47	occupancy of the dwelling unit. 4
48	48	(c) Rent is payable without demand or notice at the time and place agreed upon by the 5
49	49	parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at 6
50	50	the beginning of any term of one month or less and otherwise in equal monthly installments at the 7
51	51	beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-8
52	52	day. 9
53	53	(d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case 10
54	54	of a roomer who pays weekly rent, and in all other cases month to month. 11
55	55	(e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65) 12
56	56	during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in 13
57	57	order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing 14
58	58	facility, or a unit in a private or public housing complex designated by the federal government as 15
59	59	housing for the elderly. The tenant may terminate the rental agreement by notice given in writing 16
60	60	to the usual person to whom rental payments are made. The notice shall be accompanied by 17
61	61	documentation of admission or pending admission to a facility or housing complex described in 18
62	62	this section. Termination of the rental agreement shall be effective no earlier than forty-five (45) 19
63	63	days after the first rental payment due date following delivery of written notice of termination. 20
64	64	(f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a 21
65	65	servicemember’s dependents may be unilaterally terminated if: 22
66	66	(i) The lease is executed by or on behalf of a person who, thereafter, and during the term 23
67	67	of the lease, enters military service; or 24
68	68	(ii) The servicemember, while in military service, executes the lease and thereafter receives 25
69	69	military orders for a change of permanent station or to deploy with a military unit, or as an 26
70	70	individual in support of a military operation, for a period of not less than ninety (90) days; and 27
71	71	(iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or 28
72	72	the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military 29
73	73	orders. 30
74	74	(2) Effective date of lease termination. In the event that a lease provides for monthly 31
75	75	payment of rent, termination of the lease under this section is effective thirty (30) days after the 32
76	76	first date on which the next rental payment is due and payable after the date on which the notice is 33
77	77	delivered. 34
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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
82	82	month following the month in which the notice is delivered. 2
83	83	(4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the 3
84	84	period preceding the effective date of the lease termination on a prorated basis. The lessor may not 4
85	85	impose an early termination charge, but any taxes, summonses, or other obligations and liabilities 5
86	86	of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee 6
87	87	for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the 7
88	88	lessee. 8
89	89	(5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the 9
90	90	effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the 10
91	91	lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the 11
92	92	termination of the lease. Nothing in this section shall prohibit the tenant from paying the last 12
93	93	month's rent or any other prepaid rent. 13
94	94	(6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation 14
95	95	a dependent of the lessee may have under the lease. 15
96	96	34-18-19. Security deposits. 16
97	97	(a) A landlord may not demand or receive a security deposit, however denominated, in an 17
98	98	amount or value in excess of one two (2) month’s periodic rent. 18
99	99	(b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall 19
100	100	be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued 20
101	101	rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for 21
102	102	reasonable trash disposal expenses and the amount of physical damages to the premises, other than 22
103	103	ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with 23
104	104	§ 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord 24
105	105	shall deliver the notice, together with the amount of the security deposit due to the tenant, within 25
106	106	twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the 26
107	107	tenant’s providing the landlord with a forwarding address for the purpose of receiving the security 27
108	108	deposit. 28
109	109	(c) If the landlord fails to comply with subsection (b), the tenant may recover the amount 29
110	110	due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, 30
111	111	and reasonable attorney fees. 31
112	112	(d) This section does not preclude the landlord or tenant from recovering other damages to 32
113	113	which he or she may be entitled under this chapter. 33
114	114	(e) This section does not preclude any landlord who rents a furnished apartment from 34
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118	118	demanding or receiving a furniture security deposit if the replacement value of the furniture being 1
119	119	furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) 2
120	120	or greater, in which instance the landlord may charge a separate furniture security deposit of up to 3
121	121	one month’s periodic rent. 4
122	122	(f) Upon termination of the tenancy, the amount of furniture security deposit due to the 5
123	123	tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the 6
124	124	amount due, if any, for reasonable cleaning expenses and repair and the amount of physical 7
125	125	damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, 8
126	126	together with the amount of the furniture security deposit due to the tenant, within twenty (20) days 9
127	127	after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing 10
128	128	the landlord with a forwarding address for the purpose of receiving the furniture security deposit. 11
129	129	(g) In the event the landlord transfers his or her interest in the premises, the holder of the 12
130	130	landlord’s interest in the premises at the time of the termination of the tenancy is bound by this 13
131	131	section. 14
132	132	(h) No rental agreement shall contain any waiver of the provisions of this section. 15
133	133	SECTION 2. This act shall take effect upon passage. 16
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135	135	LC001868
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140	140	EXPLANATION
141	141	BY THE LEGISLATIVE COUNCIL
142	142	OF
143	143	A N A C T
144	144	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
145	145	***
146	146	This act would add a provision that allows a tenant to pay the last month's rent or any other 1
147	147	prepaid rent. It would also increase the amount that a security deposit can be requested from one to 2
148	148	two (2) months of rent. 3
149	149	This act would take effect upon passage. 4
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151	151	LC001868
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