2015 -- H 5636

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LC001464

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY

     

     Introduced By: Representatives Jacquard, and Nunes

     Date Introduced: February 25, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-19 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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     34-18-19. Security deposits. -- (a) A landlord may not demand or receive a security

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deposit, however denominated, in an amount or value in excess of one month's periodic rent At or

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prior to the commencement of any tenancy, no landlord may require a tenant or a prospective

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tenant to pay any amount in excess of the following:

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     (1) Rent for the first full month of occupancy; and

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     (2) A security deposit equal to two (2) months' periodic rent.

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      (b) Upon termination of the tenancy, the amount of security deposit due to the tenant

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shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid

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accrued rent and the amount of physical damages to the premises, other than ordinary wear and

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tear, which the landlord has suffered by reason of the tenant's noncompliance with ยง 34-18-24, all

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as itemized by the landlord in a written notice delivered to the tenant. The landlord shall deliver

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the notice, together with the amount of the security deposit due to the tenant, within twenty (20)

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days after the later of either termination of the tenancy, delivery of possession, or the tenant's

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providing the landlord with a forwarding address for the purpose of receiving the security 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

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withheld, and reasonable attorney fees.

 

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      (d) This section does not preclude the landlord or tenant from recovering other damages

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to which he or she may be entitled under this chapter.

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      (e) 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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      (f) 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

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     This act would prohibit a landlord at the commencement of a tenancy, to charge a

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prospective tenant more than one month's rent and a security deposit equal to two (2) months'

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rent.

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     This act would take effect upon passage.

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LC001464

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