2003 -- H 5447

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LC01506

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO LANDLORD TENANT ACT - SECURITY DEPOSIT

     Introduced By: Representative Arthur J. Corvese

     Date Introduced: February 05, 2003

     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.

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     34-18-19. Security deposits and advance rent payments. --

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     (a) A landlord may receive a security deposit in the amount of one month’s rent.

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     (b) At the commencement of the tenancy, a landlord may require the payment of the first

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month’s rent, and the payment of the last month’s rent.

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     (c) In the event the tenant becomes more than fifteen (15) days delinquent in rental

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payments under the tenancy, then the landlord may apply the advanced payment of the last

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month’s rent to the tenant’s rental account. If a tenant has received more than one demand notice

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within a six (6) month period from the date of commencement of the action, the landlord may

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elect not to apply the advanced payment to the delinquency and to file an eviction case for the

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nonpayment as provided for in this chapter. This section shall not be construed to limit the

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landlord’s ability to commence an eviction case based on nonpayment of rent as otherwise

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provided in this chapter.

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      (b)(d) 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 section 34-18-

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24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord shall

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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)(e) If the landlord fails to comply with subsection (b), the tenant may recover the

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amount due him or her, together with damages in an amount equal to twice the amount

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wrongfully withheld, and reasonable attorney fees.

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

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

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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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LC01506

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LANDLORD TENANT ACT - SECURITY DEPOSIT

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     This act would clarify the lien of tenant security deposits and advance rent payments.

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     This act would take effect upon passage.

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LC01506

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