2018 -- H 7600 SUBSTITUTE A AS AMENDED

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LC004623/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representatives Casimiro, Vella-Wilkinson, Shanley, Ackerman, and

     Date Introduced: February 14, 2018

     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.

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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 month's 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, 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

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than ordinary wear and tear, which the landlord has suffered by reason of the tenant's

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noncompliance with ยง 34-18-24, all as itemized by the landlord in a written notice delivered to

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the tenant. The landlord shall deliver the notice, together with the amount of the security deposit

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due to the tenant, within twenty (20) days after the later of either termination of the tenancy,

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delivery of possession, or the tenant's providing the landlord with a forwarding address for the

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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) This section does not preclude any landlord who rents a furnished apartment from

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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)

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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 furniture

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security deposit.

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     (e)(g) In the event the landlord transfers his or her interest in the premises, the holder of

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the landlord's interest in the premises at the time of the termination of the tenancy is bound by

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this section.

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     (f)(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 allow landlords to charge additional security deposits on furniture when a

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furnished apartment is leased, if the value of the furniture exceeds seven thousand five hundred

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dollars ($7,500).

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     This act would take effect upon passage.

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