Rhode Island Security Deposit Demand Letter
In Rhode Island a landlord must return your security deposit, with an itemized written notice of any deductions, within 20 days. A landlord who fails to comply can owe twice the amount wrongfully withheld plus attorney fees. Attorney review available.
Introduction
When a Rhode Island landlord holds back a security deposit past the statutory clock, a tenant's first formal move is a written demand for its return, sent before any small claims filing. Rhode Island gives the landlord 20 days to hand over the deposit due, along with an itemized written notice of any deductions, measured from the latest of three events: the tenancy ending, the tenant returning possession, or the tenant supplying a forwarding address (R.I. Gen. Laws Section 34-18-19(b)). Only four things may be subtracted from the deposit: unpaid accrued rent, reasonable cleaning expenses, reasonable trash disposal expenses, and physical damage beyond ordinary wear and tear caused by the tenant's noncompliance (Section 34-18-19(b)). Miss that duty and the statute lets the tenant collect the amount due plus damages of twice the sum wrongfully withheld, together with reasonable attorney fees, with no showing of bad faith required (Section 34-18-19(c)). An unanswered demand can move to small claims, where an ex contractu claim runs up to $5,000 (R.I. Gen. Laws Section 10-16-1), and the ten-year civil limitations period leaves ample time to sue (Section 9-1-13(a)). DocDraft assembles your Rhode Island security deposit demand letter from the facts you provide, with attorney review available before it goes out.
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Key Things to Know
- 1
A demand letter is the low-cost step a Rhode Island tenant takes before small claims, putting the request for the withheld deposit in writing to the former landlord.
- 2
The 20-day return-and-itemization clock starts at the latest of the tenancy ending, delivery of possession, or the tenant giving a forwarding address (R.I. Gen. Laws Section 34-18-19(b)).
- 3
Rhode Island confines deductions to unpaid accrued rent, reasonable cleaning expenses, reasonable trash disposal expenses, and physical damage past ordinary wear and tear from the tenant's noncompliance (Section 34-18-19(b)).
- 4
Ordinary wear and tear sits outside the physical damage a landlord may charge, so normal aging of the unit cannot be deducted (Section 34-18-19(b)).
- 5
No Rhode Island landlord may collect a deposit worth more than one month's periodic rent (Section 34-18-19(a)).
- 6
A landlord who ignores the 20-day duties owes the amount due plus twice the sum wrongfully withheld and reasonable attorney fees, with no bad-faith requirement (Section 34-18-19(c)).
- 7
An unanswered demand can go to small claims for up to $5,000 on an ex contractu action (R.I. Gen. Laws Section 10-16-1), and a civil suit may be filed for ten years (Section 9-1-13(a)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Rhode Island Requirements for Security Deposit Demand Letter
20-Day Return With Itemized Notice
In Rhode Island the landlord must deliver the deposit due, together with an itemized written notice of any deductions, within 20 days after the later of the tenancy ending, delivery of possession, or the tenant providing a forwarding address (R.I. Gen. Laws Section 34-18-19(b)). Your demand letter should state that this deadline has passed.
Provide a Forwarding Address
The 20-day clock runs from the later of the tenancy ending, delivery of possession, or the tenant providing a forwarding address for the deposit (R.I. Gen. Laws Section 34-18-19(b)). Giving your forwarding address in writing helps fix the start of the deadline, so include it in your demand letter.
Permitted Deductions
A Rhode Island landlord may keep only unpaid accrued rent, reasonable cleaning expenses, reasonable trash disposal expenses, and physical damage to the premises beyond ordinary wear and tear caused by the tenant's noncompliance, all itemized in a written notice (R.I. Gen. Laws Section 34-18-19(b)). Deductions outside these categories can be disputed.
No Deduction for Ordinary Wear and Tear
The landlord may not deduct for ordinary wear and tear, which the statute excludes from the physical damage a landlord may charge against the deposit (R.I. Gen. Laws Section 34-18-19(b)). Charges for the normal aging of the unit are improper.
Deposit Cap of One Month's Rent
A Rhode Island landlord may not demand or receive a security deposit greater than one month's periodic rent (R.I. Gen. Laws Section 34-18-19(a)). If you were charged more than one month's rent, note that in your demand.
Twice the Amount Wrongfully Withheld Plus Attorney Fees
If the landlord fails to comply with the 20-day return and itemization duties, the tenant may recover the amount due plus damages equal to twice the amount wrongfully withheld and reasonable attorney fees (R.I. Gen. Laws Section 34-18-19(c)). The statute conditions this on noncompliance and does not require a showing of bad faith.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address using a trackable method such as certified mail with return receipt, and give your forwarding address so payment can reach you. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Rhode Island tenant may bring a small claims action for up to $5,000, exclusive of interest and costs (R.I. Gen. Laws Section 10-16-1). The deadline to sue on a civil claim is ten years (Section 9-1-13(a)), though filing promptly after the demand is the practical course.