Introduction to RI Rental Agreement Basics
A Rhode Island rental agreement is a written contract between a landlord and tenant that establishes the terms covering a rental property in exchange for consideration (such as rent). A rental agreement is considered a tenant’s legal right to occupy (and landlord’s legal obligation to permit) a particular rental property and excludes virtually all lawful others, which right is enforceable against the world. A well conceived (i.e. carefully drafted) rental agreement is one of the most important written documents constituting Rhode Island landlords’ and tenants’ dealings with each other, and is not to be taken lightly. It is vital that any rental agreement, even where only a month to month tenancy is contemplated, address not only the minimum terms imposed by Rhode Island law and the desires of the landlord and tenant, but also anticipate likely actual events that commonly occur after tenancy begins or during the term of the tenancy to protect effectively the interests of both landlord and tenant. Failure to do so could result in unintended consequences (such as having to restart the lease if the expiration date of the rental agreement is not correctly set forth) or in the material prejudice to either landlord or tenant, which situation, once occurred, may require significant time and money to rectify . When a rental agreement is being negotiated, parties should discuss and prepare an initial draft of the lease terms, covering as many terms for the intended tenancy as possible, each of which should be considered carefully. In this regard, the important terms of an initial draft rental agreement can be grouped as follows: (i) the parties (who are landlords and who are tenants), (ii) the premises (which residential rental property are the subject of the rental agreement), (iii) the term or duration (for what period of time will the rental agreement be in force), and (iv) the rent (how much rent is due and when). Not every lease needs to address every conceivable issue that could arise during a tenancy – many rental agreements cover several issues in abbreviated fashion – but these are some key terms that every lease should consider covering. Other important potential issues to consider covering include: contingencies, risk of loss, security deposit, notice and opportunity to cure, personal property, pets, waterbed, services, utilities, parking (for each vehicle), occupant restrictions, guest restrictions, on-site repairs, alterations, eviction and abandonment procedures, conflict resolution – mediation, arbitration, LIHEAP (Low Income Home Energy Assistance Program), small claims court, waiver of jury trial, attorney fees; transfer disclosures; premises healthcare issues; rent payments, moving out and holding over; termination rights and procedures; and default rights and procedures.
Essential Components of a Rhode Island Rental Agreement
Essentially all rental agreements for residential properties in Rhode Island, regardless of the type contained therein, must set forth the amount and date of rent and the amount of any security deposit, if any was taken, as well as the manner in which it will be returned to the tenant. Many rental agreements, especially if the premises are not within a multi-family dwelling, will also include terms and conditions with respect to the payment of heat, hot and cold water, electric heat and air conditioning. The payment terms and conditions assigned to the tenant for such utilities can be a viable point of negotiation for the parties when entering into a rental agreement for a residential property.
Following the basic provisions with respect to rents, many rental agreements in Rhode Island set forth the maintenance responsibilities of the parties. These responsibilities, unless otherwise agreed in writing or otherwise superseded, are assigned as a matter of law by general statute 34-18-21. This section of the statute states that a landlord must provide safe and habitable residential premises, including heat, running water, hot and cold water, clean common stairs and hallways, trash removal, snow removal and outside doors and windows that function properly and lock securely. The premise may also not be unreasonably crowded and must have a sanitary system in good working order, including adequate hot and cold running water, a working tub or shower and sink with hot and cold running water at all times.
Tenant maintenance responsibilities, as set forth in general statute 34-18-21, mirror a landlord’s responsibilities but are applicable to the tenant’s actions and omissions and they are as follows:
Depending on the parties’ negotiations, a rental agreement may also impose additional maintenance responsibilities on either party not listed above. Some of the more common impositions are burdens on tenants who occupy single-family homes:
Finally, many rental agreements also cover the topic of default. As previously discussed, it is essential to record in a rental agreement what actions or inactions on the part of the tenant might lead to forfeiture. In the absence of such agreement, a landlord may treat repeated and otherwise non-disruptive non-payment of rent as waiver of the landlord’s right to terminate the lease upon default.
Mandatory Tenants Rights and Legal Considerations in RI
The landlord-tenant relationship in Rhode Island is governed by a patchwork of local ordinances and state law, primarily summarized in R.I.G.L. § 34-18.1 et seq. (Chapter 34-18.1 is known as the Landlord and Tenant Act). In short, this statute deals with the "Rights and Duties of Landlord and Tenant." Under these general obligations, a landlord shall:
A landlord may not discriminate based on source of income pursuant to R.I.G.L. § 28-5.1-3. This anti-discrimination statute is supplemented by the local ordinances and regulations of individual municipalities, depending on the location of the property in question.
There are also restrictions on the amount and use of security deposits charged by a landlord. First, no security deposit may be greater than one month’s rent. R.I.G.L. § 34-18-22(a). Beyond that, the landlord must place the deposit in an interest-bearing account in a financial institution located in Rhode Island (except statewide community action agencies, which, as defined in R.I.G.L. § 42-12.2-1, may invest security deposits in locally managed investment accounts). R.I.G.L. § 34-18-22(b). To avoid losing interest on the security deposit, the landlord has the option to pay the tenant 5% interest each year that the security deposit is held by the landlord or to turn the interest over to the general treasurer. R.I.G.L. § 34-18-22(d). Finally, R.I.G.L. § 34-18-22(k) sets forth certain prohibitions against landlords retaining security deposits beyond 6 months.
In addition to the general rights and duties of landlord and tenant, a lease with a residential tenant for premises within Rhode Island must have attached to it the following documents:
These documents inform tenants of their rights and duties under the law and provide state-approved lease forms for use in Rhode Island.
A landlord may not discriminate against a tenant on the basis of certain protected classifications. See R.I.G.L. § 42-112-1 et seq. This section includes prohibitions against discrimination based upon race, color, religion, sex, disability, age, veteran status, country of origin, sexual orientation, and families with children. Additionally, source of income cannot be considered discrimination, as landlords cannot discriminate based on whether a prospective tenant will be paying rent with public assistance money (including Section 8). See R.I.G.L. § 42-112-1(30).
Creating a Customized Rhode Island Rental Agreement Template
When embarking on the task of drafting an airtight rental agreement in Rhode Island, it is typically the case that landlords and tenant managers will want to build a customized rental agreement template. This document can then be applied to each new prospective tenant with only minor alterations. The process of creating a customized template is relatively straightforward.
The first step to creating a customized template is to research the current rental laws to be sure that the document is compliant with all state legal statutes. This can usually be accomplished by reviewing the Rhode Island Landlord-Tenant Act, as well as any local ordinances that relate to landlord-tenant issues. The template will not be able to be used right away until the landlord’s and/or management’s contact information is inserted.
Then, using language created from earlier drafts of rental agreements, the landlord and/or tenant manager can create a generic customized rental agreement template . The template should include provisions, sections, and clauses that cover the following:
Once a template has been created, both the landlord and tenant manager should read over the entire document, adding and removing clauses until it is tailored to their needs. For example, if a large deposit is charged for pets, such as requiring $300 for every pet and boarding newborn litters of dogs or cats, this clause should be included in every rental agreement template. Other optional provisions may include restrictions on the type and number of appliances tenants can keep on the property, a list of fines for violating the property’s restrictions, an additional rent payment for utilities, and so on.
Applying the template to every new lease and rental agreement will make it easy to keep track of these documents for organizational purposes, as well as create a uniform set of expectations and requirements for every tenant to be subjected to.
Resolving Issues and Lease Violations in RI
Landlord-tenant relationships are vital to the smooth running of property leasing. But when a violation of the lease occurs, both parties should understand the options for resolution and the processes that are involved.
A landlord-tenant dispute in Rhode Island may arise out of a number of circumstances. Some issues may be caused by the tenant failing to pay the rent on time, making late payments or failure to pay in full. Tenants may also cause damage to the premises or violate lease terms by participating in an illegal activity on the premises or disturbing other tenants with excessive noise.
Landlord rights include the ability to file lawsuits for non-payment of rent and other damages caused by a tenant or to remove them from the premises by terminating the tenancy and evicting the tenant (tenant holding over).
When a landlord seeks to recover damages for unpaid or late rent, they may file a Small Claims Action in District Court to collect money damages for rent due and owed. A small claims case is under $5,000 and is intended to be faster and less expensive than other procedures.
If a landlord wishes to evict a tenant, they must go through a legal process called a summary proceeding. This involves filing a complaint and obtaining a judgment for possession along with money damages, wherein a large portion of the procedure is spent obtaining a copy of the lease and other document discovery, obtaining an evidentiary hearing, preparing for trial and a possible mediation as the trial approach. Representing a landlord in these proceedings can be a time-consuming and lengthy process.
In terms of getting their property back, a landlord has several options. A sheriff may enter a landlord’s premises to get the tenant out forcibly. Another person may go in to get things out, like a roommate or spouse of the tenant who is not on the lease. Landlords may also apply for a judgment to take possession of goods and chattels as the personal property of the tenant. Property owners must invite the tenant back after getting their property back. A landlord cannot seclude a tenant.
A complaint alleging facts that relate to the operative lease terms is required to evict a tenant. EViction is not the only remedy, however. If a landlord seeks damages only, then the plaintiff should bring a lawsuit in either District or Superior Court.
While breach of contract can be pursued, it is not adequate to be necessary for equitable relief. In addition, covenants and agreements are inadequately made a basis for a proceeding to oust a tenant. Courts may award money damages for a breach of the covenant or agreement in an action to recover possession.
There are two primary steps to an eviction proceeding, whether possession is sought or sought with damages. Issuance of a summons is the first step, which is merely notice to appear. What happens next? After service, either the case is defended or defaulted. In cases where the tenant does not show up, a default judgment will be served. This will return possession to the landlord. The second process is the hearing.
There are three types of grounds to evict a tenant. They are tenant holding over, acts against covenants and agreements and acts against the conditions and rules. The procedures for each of them are outlined in R.I. Gen. Laws § 34-18-36 – 34-18-63.
Rhode Island Rental Agreement – Legal Resources and Industry Help
Landlords and tenants who want more information on the ins and outs of rental agreements can look to several different organizations and state resources. The Rhode Island Legal Services (RILS) provides a variety of free legal services to low-income residents of the state. Some organizations help tenants establish their rights, while others provide assistance to landlords. For example , the Roger Williams Law School hosts a Tenant Clinic that aids income-eligible clients. The Rhode Island Tenant Network is a voluntary association of tenant advocates and others interested in protecting the rights of tenants. Those who do not qualify for assistance from these organizations can turn to the Rhode Island Bar Association for a lawyer referral service that connects them with attorneys throughout the state.