What is a Rental Agreement in Rhode Island?
A rental agreement has been defined in Rhode Island as "all written or oral agreements between a landlord and a tenant or a roomer and a landlord, with respect to the rental of a dwelling unit." R.I.G.L. 34-18-1(9). As a rental agreement is a contract, it requires mutual consent and agreement of the parties for each of them to be bound by its terms.
The terms of a rental agreement may be based upon statute (within the Residential Landlord and Tenant Act), agreement of the parties or lawful rules (of an apartment complex or dwelling unit, for example), with most landlords utilizing a combination of all three in order to have a meaningful and enforceable rental agreement.
Both parties are required to follow the terms of the rental agreement , whether they like them or not. Tenants may not be able to unilaterally change the terms or conditions not expressly provided for in the rental agreement. Likewise, landlords cannot do so either. For example, a rent increase in Rhode Island is not allowed during the term of a rental agreement unless it is expressly allowed by the rental agreement or the state statute. However, when the rental agreement expires, a landlord is entitled to set any rental amount it wishes no matter how long the tenant has occupied the premises.
Eliot & Miriam Roseman Senior Living Facility v. Reilly has held that a tenant has no obligation to sign a new lease if the landlord has changed the terms of the lease which constitutes a material change without the tenant’s permission and the tenant has done nothing to support the change.
Essential Provisions in Rhode Island Rental Agreements
Rental agreements in Rhode Island should include a number of key clauses, including:
Landlord obligations – This section sets forth the obligations of the landlord to the tenant and might also include an authorization for the landlord to enter the premises upon reasonable notice.
Tenant obligations – This section sets forth the obligations of the tenant to the landlord and might also include a provision about the tenant making or arranging for repairs.
Amount of rent and when rent is due – This should clearly state the amount of rent due, when it should be paid, and how it will be paid (e.g. check, direct deposit), along with any permits needed for payment such as permits to increase rent or raise rent, or keep security deposits that exceed a statutory threshold.
Lease duration – For how long is the lease effective? It should state specifically the date it begins and ends.
Security deposits – How much is the deposit, when it is to be paid, can the landlord keep it if the tenant terminates the lease during its term, is there interest on the deposit and an escrow agreement. However, Rhode Island law limits the amount that can be withheld by the landlord as a penalty in the event the tenant breaks the lease.
Late fees – What if the rent is not paid within a certain period. This clause should make clear that the landlord has the right to charge the tenant a fee once a certain period has elapsed. The amount of the fee is way subject to negotiation between the landowner and tenant.
Exclusive right to possession – This prevents the landlord from allowing another party to occupy the property and cutting out the tenant, unless the tenant provides authorization in writing.
Care and maintenance – The tenant’s obligations with regard to taking care of the property and making repairs.
Subleasing – Does the landlord permit subleasing and what is required by the landlord to allow the tenant to do so? A sublease occurs when a tenant agrees to rent all or part of the rented property to another party. It can be full name or legal entity, such as a corporation.
Giving notice of lease termination – Whether either or both parties to the lease are entitled to receive written notice of termination of the lease.
Violations – What happens if there is a violation of any of the agreement’s clauses?
Tenant Rights and Landlord Responsibilities in Rhode Island
A tenant has the right to fair and just treatment under Rhode Island law, and landlords are obligated to provide proper housing and obey all statutes pertaining to rental agreements.
As set forth in R.I. Gen. Laws § 34-18-23(a), tenants have the right and should expect to be provided a rental property that:
- Is fit for human habitation;
- Has relatively clean running water and a properly functioning sewer system;
- Provides adequate heat and hot water;
- Is free from vermin and rodent infestation;
- Includes sufficient locks for outside doors and windows; and,
- Has screens for each window that opens to the outside if the window is less than five feet above ground and is not equipped with a storm window or window air conditioner.
Landlords are legally obligated to ensure that a rental unit is fit for human habitation with no defect that could materially cause harm to the tenant’s health or safety. R.I. Gen. Laws § 34-18-23 provides guidance on the adequacy of fire and other safety alarms, as well as the requirements for maintaining smoke detectors.
In addition to the aforementioned obligations, landlords need to make sure the premises are also "reasonably clean, sanitary, and fit for human habitation; and that facilities and appliances [are] maintained in good and safe working order." R.I. Gen. Laws § 34-18-23(e) & (f). This statute also addresses the landlord’s expectations concerning any repairs rented units may require.
The fee for filing a Complaint in Rental Habitation Landlord Tenant Court (in Rhode Island Superior Court) is $175.00.
Changing and Ending a Rental Agreement in Rhode Island
A rental agreement is simply a contract between a landlord and tenant, and as a result it can be modified either at the request of the landlord or the tenant. In most cases, formalities are not required to modify a rental agreement. For example, if you are a tenant and your landlord happens to grant you an additional year on your lease term and you continue to pay your usual rental payments, you will likely be deemed to have agreed to the extension and will be required to abide by all other lease provisions.
Alternatively, if the landlord or tenant wants to formally terminate the rental agreement, there are certain steps that must be followed. First, the party seeking to terminate the rental agreement must give notice to the other party. The appropriate notice period depends principally upon the reason or fault on behalf of the tenant . For example, if the tenant has missed a rental payment or caused damage to the premises, the landlord must provide the tenant with five days’ notice to correct the deficiencies. If the deficiencies are corrected within that time period, the rental agreement will continue. On the other hand, if the tenant fails to correct the deficiencies or if the notice was for any other reason, the landlord must provide a full 30-days advance notice from the next rent due date (i.e., if the rent is due on the 1st of the month, the notice must be provided no later than the end of the prior month).
If the tenant is the party seeking to terminate the rental agreement, the tenant must provide a notice to the landlord at least 30 days in advance of the first day of the next rental period.
Typical Rental Agreement Issues in Rhode Island
Disputes over rental agreements in Rhode Island often involve issues related to maintenance of the property or return of the security deposit. Tenants may complain that the premises are not in a habitable condition if they find problems with the plumbing or appliances, or if mold is present. Such issues are the responsibility of the landlord, but must be disputed with the person or entity who is now responsible for handling maintenance issues after the property has been sold. If a tenant fails to report such issues to the landlord, it may constitute a waiver of the right to seek remedies in court. The cost of repair of the premises can be deducted from the final rent that is due to the landlord if it is the responsibility of the tenant to pay the maintenance costs. If the tenant is responsible for repairs, any deposit may be used as reimbursement for cost of repair. If the cost of repair is more than the deposit, the tenant must reimburse the landlord for the difference. If the landlord fails to return the security deposit within 20 days of moving out if the premises is not rented and within the same time period after the new tenant moves in if the property is rented, the tenant is entitled to a judgment in the amount of the greater of double the deposit or $100. Rhode Island General Laws Section 34-18-20 outlines provisions for tenants to seek double damages for security deposit violations, as well as attorney fees and court costs.
Helpful RI Legal Resources for Tenants and Landlords
It is important for renters and landlords in Rhode Island to have access to legal resources and support to navigate issues related to renting. In Rhode Island, the local housing authority is responsible for assisting residents with housing options and affordability. The Department of Housing and Urban Development also provides information and advice on housing.
When it comes to resolving disputes , having an attorney experienced in this area can also be very helpful. Organizations such as the Rhode Island Legal Services, Inc. offer renters and landlords advice and support with regard to housing regulations. Tenant advocacy groups provide resources for renters who believe they have been taken advantage of or harassed by their landlord.