2024 -- H 7647

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LC004672

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives Kislak, Cruz, Tanzi, Felix, Giraldo, Voas, Stewart,
Morales, Slater, and Diaz

     Date Introduced: February 15, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant

Act" is hereby amended by adding thereto the following section:

     34-18-61. Convenience fees prohibited.

     (a) A landlord shall not charge a convenience fee to a tenant's rental payment.

     (b) Subsection (a) of this section shall not apply to any landlord that accepts a form of

payment of rent which does not require a convenience fee for such payment.

     SECTION 2. Section 34-18-15 of the General Laws in Chapter 34-18 entitled "Residential

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

     34-18-15. Terms and conditions of rental agreement.

     (a) A landlord and a tenant may include in a rental agreement terms and conditions not

prohibited by this chapter or other rule of law, including rent, term of the agreement, and other

provisions governing the rights and obligations of the parties.

     (1) A landlord shall disclose all nonoptional fees in the lease agreement. The sum total of

rent and all nonoptional fees shall be described in the total monthly payment and be listed on the

first page of the lease.

     (2) If there is no written lease, or for every new rental agreement or change of rental terms

or fees, the landlord shall provide to the tenant, in writing, a list of all non-optional fees associated

with renting the property.

     (3) Any unit advertised for a residential tenancy shall disclose the nonoptional fees with

the total amount for rent in any advertisement or posting.

     (4) In any lease agreement disclosure or unit advertisement, the landlord shall disclose

whether utilities are included or not included in the rent.

     (5) The landlord shall provide, in writing, to the tenant any and all information pertaining

to the utilities of the property, to include, but not be limited to, whether the utilities are included in

the rent or are the tenant's responsibility, and a list of the utility companies that provide services to

the rental unit.

     (6) If a landlord fails to comply with subsections (a)(1) through (5) of this section, the

tenant may recover, in addition to their actual damages, an amount up to three (3) months periodic

rent and reasonable attorneys' fees.

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

occupancy of the dwelling unit.

     (c) Rent is payable without demand or notice at the time and place agreed upon by the

parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at

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

beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-

day.

     (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case

of a roomer who pays weekly rent, and in all other cases month to month.

     (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65)

during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in

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

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

housing for the elderly. The tenant may terminate the rental agreement by notice given in writing

to the usual person to whom rental payments are made. The notice shall be accompanied by

documentation of admission or pending admission to a facility or housing complex described in

this section. Termination of the rental agreement shall be effective no earlier than forty-five (45)

days after the first rental payment due date following delivery of written notice of termination.

     (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a

servicemember’s dependents may be unilaterally terminated if:

     (i) The lease is executed by or on behalf of a person who, thereafter, and during the term

of the lease, enters military service; or

     (ii) The servicemember, while in military service, executes the lease and thereafter receives

military orders for a change of permanent station or to deploy with a military unit, or as an

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individual in support of a military operation, for a period of not less than ninety (90) days; and

     (iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or

the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military

orders.

     (2) Effective date of lease termination. In the event that a lease provides for monthly

payment of rent, termination of the lease under this section is effective thirty (30) days after the

first date on which the next rental payment is due and payable after the date on which the notice is

delivered.

     (3) In the case of any other lease, termination of the lease is effective on the last day of the

month following the month in which the notice is delivered.

     (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the

period preceding the effective date of the lease termination on a prorated basis. The lessor may not

impose an early termination charge, but any taxes, summonses, or other obligations and liabilities

of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee

for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the

lessee.

     (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the

effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the

lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the

termination of the lease.

     (6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation

a dependent of the lessee may have under the lease.

     SECTION 3. 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 require landlords to list all mandatory fees when advertising any residential

property for rent as well as on the first page of any lease. This act would further prohibit a landlord

from charging a convenience fee when the tenant pays rent, unless the landlord accepts other forms

of payment of rent, such as a check or cash, without a convenience fee.

     This act would take effect upon passage.

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