Under Rhode Island law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Rhode Island, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Rhode Island’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating, Oct. 1 – May 1 | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Rhode Island, repairs must be made within 20 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Rhode Island tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs (under $500 total value) [1] and deduct from the rent. Read more
Rhode Island law empowers landlords to evict tenants for the following reasons:
Rhode Island landlords are not permitted to evict tenants as a retaliatory or discriminatory act.
It’s illegal for Rhode Island landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a Rhode Island tenant on a periodic lease wishes to terminate that lease, they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 months |
Early Termination: Rhode Island tenants may legally break a lease early for the following reasons:
If a Rhode Island tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rhode Island does not have rent control laws limiting the amount that landlords may ask for rent. Although state law does not prohibit local governments from establishing their own rent control laws and some have made attempts, none have been successful.
Because Rhode Island does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give tenants 60 days of advance notice to increase the rent. However, tenants older than 62 on a month-to-month lease must be given 120 days of advance notice. [2]
Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, sex, familial status, religion, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Rhode Island state adds extra protections for tenants on the basis of age, sexual orientation, gender identity/expression, and domestic abuse victim status.
Discriminatory Acts and Penalties: The state’s civil rights laws are overseen and enforced by the Rhode Island Human Rights Commission. They have outlined the following behaviors as potentially discriminatory when directed at a member of a protected class:
If a tenant is a victim of housing discrimination, they can file an Intake Questionnaire on the Commission’s website.
In addition to having laws that address general issues like repairs and security deposits, most states, including Rhode Island, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Rhode Island landlords have the right to enter rental property for inspections, maintenance, and property showings. In most cases, they must give at least 2 days’ notice before entering an inhabited property and the entry must occur at a reasonable time of day. Landlords may enter without permission in the case of emergencies.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Rhode Island Small Claims Court is a division of District Court. The process takes approximately one to three months.
Rhode Island landlords must make the following mandatory disclosures:
Rhode Island law is not specific about tenants changing locks. Tenants are therefore allowed to change the locks, as long as this doesn’t prevent a landlord’s right to access the property for legally allowed purposes (which means it’s usually reasonable for tenants to provide copies of keys, if they change a lock). Landlords are forbidden from unilaterally changing locks as a form of “self help” eviction.
Many cities in Rhode Island have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Providence bans housing discrimination against tenants on the basis of their legal source of income.
Check your local county and municipality for additional landlord tenant regulations.
(a) If the landlord fails to comply with subsection of § 34-18-22(a)(1), (2), (4), (5), or (6) , and the reasonable cost of compliance is less than five hundred dollars ($500) in the aggregate per year, the tenant may cause repairs to be done in a skilled manner, in compliance with applicable state and local codes, and deduct from their rent the actual and reasonable cost or the fair and reasonable value of the repairs if:
(1) The tenant notifies the landlord of the tenant’s intention to correct the condition at the landlord’s expense; and (2) The landlord fails to comply within twenty (20) days, or fails to demonstrate ongoing, good faith efforts to comply, after being notified by the tenant in writing; or, in the case of emergency, the landlord either cannot be reached by the tenant, or the landlord fails to comply as promptly as conditions require; and (3) The tenant submits an itemized statement to the landlord of the cost or the fair and reasonable value of the repairs made.
(a) Prior to an increase in rent being imposed by a landlord for a residential tenancy, excluding an independent living facility, assisted living facility, or congregate care facility, notice of the increase shall be given in writing to any tenant by a landlord at least sixty (60) days prior to the effective date of the increase.
(b) A landlord must of a residential tenancy, excluding an independent living facility, assisted living facility, or congregate care facility shall give at least one hundred twenty (120) days notice to month to month tenants over the age of sixty-two (62) years, before raising the rent.
(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose those fees in the same section as the rent disclosure and shall indicate that additional fees may apply. This requirement does not apply whenever the tenant or unit are receiving state of federal subsidies that require a different lease format.
(2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be disclosed in writing at least thirty (30) days prior to the change becoming effective.
(3) In any lease agreement the landlord shall disclose which utility cost are included in the rent and which utility cost are the tenant’s responsibility. If there is no written lease, the landlord shall provide this information to the tenant writing.
(4) If a tenant is required to obtain renters insurance, this requirement must be stated in the lease or if there is no written lease the landlord shall provide this information to the tenant in writing.
(5) If a landlord fails to comply with subsections (a)(1) through (a)(4) of this section, the tenant may recover any fees paid for the unit that were not disclosed as required.
Can a Landlord Enter Without Permission in Rhode Island? Landlords in Rhode Island must give at least 2 days’ advance notice before entering a property. They do not have to get permission to enter for emergencies that threaten the health or safety of the tenant. Read more » Is Rhode Island a “Landlord Friendly” State? Rhode Island is a partially landlord-friendly state. There are no rent control policies and landlords are not limited in the kinds of fees they charge. However, tenants normally require a substantial amount of notice before eviction. Read more » What Are a Tenant’s Rights in Rhode Island? Tenants in Rhode Island have the right to a habitable dwelling and the right to seek out housing without discrimination. When these rights are violated, they can often cancel the rental agreement or sue the landlord, depending on the specific circumstances. Read more » Can a Tenant Change the Locks in Rhode Island? Tenants in Rhode Island can change their locks if not prohibited by the lease. Landlords aren't allowed to unilaterally change the locks on a tenant, as this is considered an illegal "self help" eviction. Read more »
