Rhode Island Residential Lease Agreement

Rhode Island caps security deposits at 1 month's rent, returned or itemized within 20 days. Create a free lease agreement template. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent amount, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In Rhode Island, a landlord may not demand or receive a security deposit worth more than one month's rent, though a separate furniture deposit of up to one month's rent is allowed if the unit is furnished with a replacement value of $5,000 or more. When the tenancy ends, the landlord must return the deposit, or an itemized statement (a line-by-line list) of any deductions, within 20 days of the later of termination, delivery of possession, or the tenant giving a forwarding address. Rhode Island's Residential Landlord and Tenant Act, R.I. Gen. Laws Section 34-18-1 et seq., also requires the lease to disclose the name and address of whoever manages the property and of the owner, and, for housing built before 1978, both the federal lead-paint disclosure and Rhode Island's own lead disclosure and pamphlet. A landlord must give at least two days' notice before entering the rental except in an emergency. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract between a landlord and a tenant that sets the rent, term, security deposit, and each side's responsibilities, and spells out how the tenancy ends.

  2. 2

    The security deposit is capped at one month's rent, plus a separate furniture security deposit of up to one month's rent if the unit is furnished with a replacement value of $5,000 or more (R.I. Gen. Laws Section 34-18-19).

  3. 3

    The deposit, or an itemized statement of deductions with any remaining balance, is due within 20 days after the later of the end of the tenancy, delivery of possession, or the tenant providing a forwarding address (Section 34-18-19).

  4. 4

    Required disclosures include the manager's and owner's name and address, a foreclosure notice if the landlord is 120 or more days delinquent on the mortgage, the federal lead-paint disclosure for pre-1978 housing, and Rhode Island's own lead disclosure and pamphlet (Sections 34-18-20, 42-128.1).

  5. 5

    A landlord must give at least two days' (48 hours') notice before entering, except in an emergency, and may enter only at reasonable times (Section 34-18-26).

  6. 6

    There is no statutory late-fee cap or statutory grace period, but a landlord cannot send a written nonpayment demand until rent is 15 days in arrears (Section 34-18-35).

  7. 7

    Rhode Island has no statewide rent control or just-cause eviction law; ending a month-to-month tenancy takes at least 30 days' notice, and raising rent takes at least 60 days' notice, or 120 days for a month-to-month tenant over 62 (Sections 34-18-37, 34-18-16.1).

Key decisions before you file

Before you file a Residential Lease Agreement in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

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RHODE ISLAND RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement (the 'Lease') is made on [DATE] between [LANDLORD NAME] ('Landlord'), and [TENANT NAME] ('Tenant'), for the residential property located at [ADDRESS], Rhode Island (the 'Premises'). This Lease is governed by the Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws Section 34-18-1 et seq.

  2. TERM This Lease begins on [START DATE] and [ends on [END DATE] as a fixed-term tenancy / continues month-to-month starting [DATE]]. A month-to-month tenancy may be ended by either party giving the other at least 30 days' written notice before the termination date (Section 34-18-37).

  3. RENT Tenant shall pay Landlord $[AMOUNT] per month, due on the [DAY] of each month. Rhode Island sets no statutory late-fee cap and no statutory grace period, but a landlord may not send a written nonpayment demand until rent is 15 days past due (Section 34-18-35). Any late fee should be stated here: $[AMOUNT] if rent is not paid by [DAY].

  4. SECURITY DEPOSIT Landlord may collect a security deposit of up to one month's rent: $[AMOUNT] (Section 34-18-19). If the Premises is furnished with a replacement value of $5,000 or more, Landlord may also collect a separate furniture deposit of up to one month's rent. Rhode Island does not require interest or a separate escrow account for the deposit. Within 20 days after the later of the end of the tenancy, delivery of possession, or a forwarding address from Tenant, Landlord shall return the deposit or an itemized statement (a line-by-line list) of deductions for unpaid rent, cleaning, or damage beyond ordinary wear, with any remaining balance. This Lease does not waive Tenant's deposit rights under Section 34-18-19.

  5. DISCLOSURES Landlord discloses the name and address of the person managing the Premises and of the owner (or authorized agent) for service of process (Section 34-18-20). If Landlord becomes 120 or more days delinquent on the Premises mortgage, Landlord must notify Tenant of potential foreclosure. If built before 1978, Landlord provides the federal lead-based-paint disclosure (42 U.S.C. Section 4852d) and, under Rhode Island's Lead Hazard Mitigation Act (R.I. Gen. Laws Section 42-128.1 et seq.), the state lead disclosure and pamphlet 'What You Should Know About the R.I. Lead Law.'

  6. ENTRY Except in an emergency or when impracticable, Landlord shall give Tenant at least two days' (48 hours') notice before entering and may enter only at reasonable times (Section 34-18-26).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and use it only for residential purposes. Landlord shall keep the Premises fit and habitable and maintain common areas and the electrical, plumbing, and heating systems in working order.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days' written notice (Section 34-18-37). Landlord must give Tenant at least 60 days' notice before raising rent, or 120 days if Tenant is a month-to-month tenant over age 62 (Section 34-18-16.1). Rhode Island has no statewide rent control or just-cause eviction law.

SIGNATURES


[LANDLORD NAME], Landlord Date: [DATE]


[TENANT NAME], Tenant Date: [DATE]

Note: This is a Rhode Island skeleton lease governed by the Residential Landlord and Tenant Act, R.I. Gen. Laws Section 34-18-1 et seq. For the complete, customizable template, see the full Residential Lease Agreement template.

Rhode Island Requirements for Residential Lease Agreement

Security Deposit Capped at One Month's Rent

A landlord may not demand or receive a security deposit worth more than one month's rent. If the unit is furnished with a replacement value of $5,000 or more, the landlord may also collect a separate furniture security deposit of up to one month's rent (R.I. Gen. Laws Section 34-18-19).

Return Deposit or Itemized Statement Within 20 Days

Within 20 days after the later of the end of the tenancy, delivery of possession, or the tenant providing a forwarding address, the landlord must return the deposit or deliver an itemized statement of deductions with any remaining balance (Section 34-18-19). Rhode Island does not require interest or a separate escrow account for the deposit.

Disclose Landlord and Owner Identity

The lease must disclose the name, address, and number of the person authorized to manage the premises and of the owner (or the owner's authorized agent) for service of process and receiving notices (R.I. Gen. Laws Section 34-18-20).

Disclose Mortgage Foreclosure Risk

If the landlord becomes 120 or more days delinquent on the mortgage encumbering the rented premises, the landlord must notify the tenant of potential foreclosure proceedings (Section 34-18-20).

Provide Federal and State Lead Paint Disclosures

For housing built before 1978, the landlord must provide the federal lead-based-paint disclosure (42 U.S.C. Section 4852d) and, under Rhode Island's Lead Hazard Mitigation Act, the Rhode Island lead disclosure and the pamphlet 'What You Should Know About the R.I. Lead Law' (R.I. Gen. Laws Section 42-128.1 et seq.).

Give Two Days' Notice Before Entry

Except in an emergency or when it is impracticable, the landlord must give the tenant at least two days' (48 hours') notice of intent to enter and may enter only at reasonable times (Section 34-18-26).

Follow Notice Periods for Termination and Rent Increases

Ending a month-to-month tenancy requires at least 30 days' written notice (Section 34-18-37). Raising rent requires at least 60 days' notice, or 120 days' notice for a month-to-month tenant over age 62 (Section 34-18-16.1). Rhode Island has no statewide rent control or just-cause eviction law.

No Waiver of Tenant Protections

A rental agreement may not waive the security-deposit protections of Section 34-18-19, and may not require the tenant to waive rights or remedies under the Act, confess judgment, or agree to pay the landlord's attorney fees except as the Act allows (R.I. Gen. Laws Section 34-18-16).

Frequently Asked Questions

A Rhode Island lease should name the landlord and tenant, describe the rental address, state the rent, term, and security deposit, and include the required disclosures: the manager's and owner's name and address, a mortgage-foreclosure notice if the landlord is 120 or more days delinquent, and, for housing built before 1978, both the federal and Rhode Island lead-paint disclosures (R.I. Gen. Laws Sections 34-18-20, 42-128.1).

Up to one month's rent. If the unit is furnished with a replacement value of $5,000 or more, the landlord may also collect a separate furniture security deposit of up to one month's rent (R.I. Gen. Laws Section 34-18-19). Rhode Island does not require the deposit to earn interest or be held in a separate escrow account.

Yes. You can generate a Rhode Island residential lease agreement template at no cost and fill in your own terms: parties, rental address, rent, term, and security deposit. Attorney review is available as an option before you sign, but it is not required to create the document.

No. Rhode Island law does not require a residential lease to be notarized or witnessed to be valid. Both the landlord and tenant simply sign the agreement. Notarization can add a layer of proof about who signed, but it is not a legal requirement under the Residential Landlord and Tenant Act.

Generally no. Except in an emergency or when giving notice is impracticable, a landlord must give at least two days' (48 hours') notice of intent to enter and may enter only at reasonable times (R.I. Gen. Laws Section 34-18-26). A lease clause purporting to waive this right would run against the Act's protections.

A landlord must disclose the name and address of the person managing the property and of the owner (or the owner's agent) for service of process, and must notify the tenant if the landlord becomes 120 or more days delinquent on the property mortgage. For housing built before 1978, the landlord must also provide the federal lead-paint disclosure and Rhode Island's lead disclosure and pamphlet (R.I. Gen. Laws Sections 34-18-20, 42-128.1).

Either the landlord or the tenant may end a month-to-month tenancy by giving the other at least 30 days' written notice before the termination date (R.I. Gen. Laws Section 34-18-37). A landlord raising the rent on a month-to-month tenant must give at least 60 days' notice, or 120 days if the tenant is on a month-to-month tenancy and is over age 62 (Section 34-18-16.1).

The Residential Landlord and Tenant Act sets no statutory cap on late fees and no statutory grace period. It does, however, bar a landlord from sending a written nonpayment demand until the rent is 15 days in arrears (R.I. Gen. Laws Section 34-18-35), so any late fee and its timing should be spelled out clearly in the lease.