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Rhode Island

A Rhode Island residential lease agreement is a legally binding contract between a landlord and a tenant for renting a residential property. This agreement typically includes essential details such as the property address, contact information for both parties, rent specifics, and any pet allowances.

Required Lease Disclosures

Rhode Island law mandates that certain disclosures be included in residential lease agreements:

  1. Landlord’s Name and Address: The lease must include the name and address of the landlord or authorized agent to facilitate communication regarding legal notices.

  2. Housing Code Violations: Landlords must disclose any outstanding housing code violations before executing a rental agreement. Notice of such violations must be delivered to the tenant within 30 days of receipt unless the landlord corrects the violations within that timeframe.

  3. Lead-Based Paint Disclosure: For properties built before 1978, landlords must provide a lead-based paint disclosure and an EPA-approved pamphlet about the dangers of lead-based paint.

While not required by law, the following disclosures are recommended to assist with tenant management and limit landlord liability:

  • Asbestos Disclosure: Informs tenants of any asbestos hazards.
  • Bed Bugs Disclosure: Advises tenants of any history of bed bug infestations.
  • Medical Marijuana Use Policy: Outlines the policy regarding medical marijuana usage on the property.
  • Mold Disclosure: Informs tenants about any mold contamination.
  • Move-in Checklist: Documents existing property damage at the time of move-in.
  • Shared Utilities Arrangements: Clarifies billing for shared utility meters.
  • Smoking Policy: Details designated smoking areas.

Consequences of Not Including Mandatory Disclosures

Failure to provide required disclosures can result in legal consequences or monetary penalties. For instance, non-compliance with the federal lead-based paint hazard disclosure can lead to fines of tens of thousands of dollars per violation.

Security Deposit Laws

  • Maximum Amount: A landlord can charge a security deposit of up to one month’s rent.
  • Returning Requirements: Security deposits must be returned within 20 days of the lease ending, the tenant delivering possession, or the tenant providing a forwarding address.
  • Withholding Rules: Landlords may withhold amounts for unpaid rent or reasonable cleaning and repair costs, provided they itemize these expenses and notify the tenant.

Rent Payment Laws

  • Due Date: Rent is typically due at the beginning of the month unless otherwise specified in the lease.
  • Grace Period: Landlords must provide a grace period of 15 days for late payments.
  • Late Fees: There is no maximum limit on late fees, but they must be specified in the rental agreement.

Landlord Right of Entry

Landlords must provide at least two days' notice before entering the rental property, except in emergencies where prior notice is not required.

Property Repairs

Landlords are responsible for maintaining the property in a habitable condition. Tenants must keep plumbing fixtures clean and use facilities responsibly.

Terminating a Lease

  • Month-to-Month Tenancy: A landlord can terminate a month-to-month tenancy by providing a 30-day notice.
  • Unclaimed Property: If a tenant abandons the property, the landlord must store their belongings for a reasonable period and attempt to contact them.

FAQs

In Rhode Island, landlords must include several required disclosures in lease agreements: the landlord’s name and address, any outstanding housing code violations, and a lead-based paint disclosure if the property was built before 1978. These disclosures ensure tenants are informed about important health and safety issues related to the rental property.

In Rhode Island, a landlord can charge a maximum of one month’s rent as a security deposit. The landlord must return the security deposit within 20 days after the lease ends, providing an itemized list of any deductions for damages or unpaid rent.

Rhode Island law requires landlords to provide a grace period of 15 days for late rent payments. If the rent is not paid within this period, the landlord may issue a 5-day notice to quit for non-payment.

No, lease agreements in Rhode Island do not need to be notarized to be legally binding. A lease is valid as long as it is signed by both parties, regardless of notarization.

Yes, a lease can automatically renew in Rhode Island. After the initial term, the lease typically converts to a month-to-month rental agreement unless otherwise specified, maintaining the same terms and conditions.

If a landlord fails to provide mandatory disclosures in Rhode Island, they may face legal consequences, including potential fines or penalties. For example, not disclosing lead-based paint hazards can result in fines of tens of thousands of dollars per violation.

In Rhode Island, landlords are responsible for maintaining the rental property in a fit and habitable condition. This includes performing necessary repairs and ensuring that the property complies with health and safety codes.

In Rhode Island, a tenant can withhold rent if they have made repairs themselves under $500 and provided proper notice to the landlord. The landlord must fail to comply with repair requests within 20 days for the tenant’s withholding of rent to be valid.