AN ACT RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT (Adds a provision that allows a tenant to pay the last month's rent or any other prepaid rent. It also increases the amount that a security deposit can be requested from one to two (2) months of rent.)

H8112

2026 -- H 8112
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LC004634
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

Introduced By:
Representatives Baginski, Casey, and J. Brien

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 34-18-15 and 34-18-19 of the General Laws in Chapter 34-18
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entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows:
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34-18-15. Terms and conditions of rental agreement.
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(a) A landlord and a tenant may include in a rental agreement terms and conditions not
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prohibited by this chapter or other rule of law, including rent, term of the agreement, and other
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provisions governing the rights and obligations of the parties.
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(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose
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those fees in the same section as the rent disclosure and shall indicate that additional fees may
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apply. This requirement does not apply whenever the tenant or unit are receiving state or federal
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subsidies that require a different lease format.
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(2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of
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all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be
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disclosed in writing at least thirty (30) days prior to the change becoming effective.
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(3) In any lease agreement the landlord shall disclose which utility costs are included in
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the rent and which utility costs are the tenant’s responsibility. If there is no written lease, the
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landlord shall provide this information to the tenant in writing.
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(4) If a tenant is required to obtain renters insurance, this requirement must be stated in the
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lease or if there is no written lease the landlord shall provide this information to the tenant in
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writing.

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(5) If a landlord fails to comply with subsections (a)(1) — (a)(4) of this section, the tenant
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may recover any fees paid for the unit that were not disclosed as required.
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(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and
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occupancy of the dwelling unit.
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(c) Rent is payable without demand or notice at the time and place agreed upon by the
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parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at
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the beginning of any term of one month or less and otherwise in equal monthly installments at the
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beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-
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day.
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(d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case
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of a roomer who pays weekly rent, and in all other cases month to month.
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(e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65)
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during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in
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order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing
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facility, or a unit in a private or public housing complex designated by the federal government as
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housing for the elderly. The tenant may terminate the rental agreement by notice given in writing
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to the usual person to whom rental payments are made. The notice shall be accompanied by
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documentation of admission or pending admission to a facility or housing complex described in
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this section. Termination of the rental agreement shall be effective no earlier than forty-five (45)
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days after the first rental payment due date following delivery of written notice of termination.
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(f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a
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servicemember’s dependents may be unilaterally terminated if:
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(i) The lease is executed by or on behalf of a person who, thereafter, and during the term
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of the lease, enters military service; or
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(ii) The servicemember, while in military service, executes the lease and thereafter receives
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military orders for a change of permanent station or to deploy with a military unit, or as an
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individual in support of a military operation, for a period of not less than ninety (90) days; and
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(iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or
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the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military
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orders.
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(2)
Effective date of lease termination.
In the event that a lease provides for monthly
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payment of rent, termination of the lease under this section is effective thirty (30) days after the
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first date on which the next rental payment is due and payable after the date on which the notice is
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delivered.

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(3) In the case of any other lease, termination of the lease is effective on the last day of the
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month following the month in which the notice is delivered.
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(4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the
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period preceding the effective date of the lease termination on a prorated basis. The lessor may not
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impose an early termination charge, but any taxes, summonses, or other obligations and liabilities
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of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee
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for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the
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lessee.
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(5)
Rent paid in advance.
Rents or lease amounts paid in advance for a period after the
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effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the
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lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the
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termination of the lease.
Nothing in this section shall prohibit the tenant from paying the last
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month's rent or any other prepaid rent.
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(6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation
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a dependent of the lessee may have under the lease.
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34-18-19. Security deposits.
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(a) A landlord may not demand or receive a security deposit, however denominated, in an
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amount or value in excess of
one

two (2)
month’s periodic rent.
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(b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall
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be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued
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rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for
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reasonable trash disposal expenses and the amount of physical damages to the premises, other than
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ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with
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§ 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord
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shall deliver the notice, together with the amount of the security deposit due to the tenant, within
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twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the
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tenant’s providing the landlord with a forwarding address for the purpose of receiving the security
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deposit.
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(c) If the landlord fails to comply with subsection (b), the tenant may recover the amount
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due him or her, together with damages in an amount equal to twice the amount wrongfully withheld,
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and reasonable attorney fees.
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(d) This section does not preclude the landlord or tenant from recovering other damages to
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which he or she may be entitled under this chapter.
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(e) This section does not preclude any landlord who rents a furnished apartment from

LC004634 - Page 3 of 5
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demanding or receiving a furniture security deposit if the replacement value of the furniture being
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furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000)
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or greater, in which instance the landlord may charge a separate furniture security deposit of up to
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one month’s periodic rent.
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(f) Upon termination of the tenancy, the amount of furniture security deposit due to the
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tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the
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amount due, if any, for reasonable cleaning expenses and repair and the amount of physical
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damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice,
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together with the amount of the furniture security deposit due to the tenant, within twenty (20) days
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after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing
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the landlord with a forwarding address for the purpose of receiving the furniture security deposit.
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(g) In the event the landlord transfers his or her interest in the premises, the holder of the
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landlord’s interest in the premises at the time of the termination of the tenancy is bound by this
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section.
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(h) No rental agreement shall contain any waiver of the provisions of this section.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
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This act would add a provision that allows a tenant to pay the last month's rent or any other
2
prepaid rent. It would also increase the amount that a security deposit can be requested from one to
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two (2) months of rent.
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This act would take effect upon passage.
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