| Chapter 260 |
| 2018 -- S 2609 SUBSTITUTE A Enacted 07/02/2018 |
| A N A C T |
| RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT |
| Introduced By: Senators DiPalma, Seveney, Coyne, and Nesselbush |
| Date Introduced: March 01, 2018 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 34-18-19 of the General Laws in Chapter 34-18 entitled |
| "Residential Landlord and Tenant Act" is hereby amended to read as follows: |
| 34-18-19. Security deposits. |
| (a) A landlord may not demand or receive a security deposit, however denominated, in an |
| amount or value in excess of one month's periodic rent. |
| (b) Upon termination of the tenancy, the amount of security deposit due to the tenant |
| shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid |
| accrued rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for |
| reasonable trash disposal expenses and the amount of physical damages to the premises, other |
| than ordinary wear and tear, which that the landlord has suffered by reason of the tenant's |
| noncompliance with ยง 34-18-24, all as itemized by the landlord in a written notice delivered to |
| the tenant. The landlord shall deliver the notice, together with the amount of the security deposit |
| due to the tenant, within twenty (20) days after the later of either termination of the tenancy, |
| delivery of possession, or the tenant's providing the landlord with a forwarding address for the |
| purpose of receiving the security deposit. |
| (c) If the landlord fails to comply with subsection (b), the tenant may recover the amount |
| due him or her, together with damages in an amount equal to twice the amount wrongfully |
| withheld, and reasonable attorney fees. |
| (d) This section does not preclude the landlord or tenant from recovering other damages |
| to which he or she may be entitled under this chapter. |
| (e) This section does not preclude any landlord who rents a furnished apartment from |
| demanding or receiving a furniture security deposit if the replacement value of the furniture being |
| furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) |
| or greater, in which instance the landlord may charge a separate furniture security deposit of up to |
| one month's periodic rent. |
| (f) Upon termination of the tenancy, the amount of furniture security deposit due to the |
| tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the |
| amount due, if any, for reasonable cleaning expenses and repair and the amount of physical |
| damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, |
| together with the amount of the furniture security deposit due to the tenant, within twenty (20) |
| days after the later of either termination of the tenancy, delivery of possession, or the tenant's |
| providing the landlord with a forwarding address for the purpose of receiving the furniture |
| security deposit. |
| (e)(g) In the event the landlord transfers his or her interest in the premises, the holder of |
| the landlord's interest in the premises at the time of the termination of the tenancy is bound by |
| this section. |
| (f)(h) No rental agreement shall contain any waiver of the provisions of this section. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004631/SUB A |
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