2013 -- H 6169

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LC02680

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

     

     

     Introduced By: Representative Scott J. Guthrie

     Date Introduced: May 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-15 of the General Laws in Chapter 34-18 entitled

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"Residential Landlord and Tenant Act" is hereby amended to read as follows:

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     34-18-15. Terms and conditions of rental agreement. -- (a) A landlord and a tenant

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may include in a rental agreement terms and conditions not prohibited by this chapter or other

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rule of law, including rent, term of the agreement, and other provisions governing the rights and

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obligations of the parties.

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      (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use

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and 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

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at the beginning of any term of one month or less and otherwise in equal monthly installments at

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the beginning of each month.; provided, however, that no landlord shall collect rent more than

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twice monthly for those tenants paid bi-weekly pursuant to the provisions of section 28-14-2.2

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upon proof to the landlord of said bi-weekly payments. Unless otherwise agreed, rent is uniformly

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apportionable from day-to-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

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in order to enter a residential care and assisted living facility, as defined in section 23-17.4-2, a

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nursing facility, or a unit in a private or public housing complex designated by the federal

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government as housing for the elderly. The tenant may terminate the rental agreement by notice

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given in writing to the usual person to whom rental payments are made. The notice shall be

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accompanied by documentation of admission or pending admission to a facility or housing

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complex described in this section. Termination of the rental agreement shall be effective no

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earlier than forty-five (45) days after the first rental payment due date following delivery of

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written notice of termination.

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     (f) Notwithstanding the provisions of subsection (d), no landlord shall collect rent more

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than twice monthly for any tenant paid bi-weekly pursuant to the provisions of section 28-14-2.2

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upon proof to the landlord of said bi-weekly payments.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02680

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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 prohibit a landlord from collecting rent weekly from any tenant that is

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employed and paid bi-weekly by the tenant’s employer pursuant to the provisions of section 28-

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14-2.2, upon proof to the landlord of said bi-weekly payments.

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     This act would take effect upon passage.

     

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LC02680

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H6169