2026 -- H 8113 | |
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LC005286 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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Introduced By: Representatives Cruz, Handy, Potter, Ajello, Stewart, Batista, Shanley, | |
Date Introduced: February 27, 2026 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-19 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-19. Security deposits. |
4 | (a) A landlord may not demand or receive a security deposit, however denominated, in an |
5 | amount or value in excess of one month’s periodic rent. |
6 | (b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall |
7 | be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued |
8 | rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for |
9 | reasonable trash disposal expenses and the amount of physical damages to the premises, other than |
10 | ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with |
11 | § 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord |
12 | shall deliver the notice, together with the amount of the security deposit due to the tenant, within |
13 | twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the |
14 | tenant’s providing the landlord with a forwarding address for the purpose of receiving the security |
15 | deposit. |
16 | (1) All security deposits received by a landlord of six (6) or more dwelling units shall be |
17 | deposited into federally insured deposit accounts earning interest at a rate not less than the |
18 | prevailing market rate of interest for regular savings accounts as established in § 19-9-2 or another |
19 | standard adopted by the department of business regulation in concurrence with the department of |
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1 | housing. All interest accrued shall be the property of the tenant. |
2 | (2) Upon termination of the tenancy, the amount of security deposit due to the tenant shall |
3 | be the entire amount given by the tenant as a security deposit, plus all interest accrued, minus any |
4 | amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, the |
5 | amount due, if any, for reasonable trash disposal expenses and the amount of physical damages to |
6 | the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the |
7 | tenant's noncompliance with § 34-18-24, all as itemized by the landlord in a written notice delivered |
8 | to the tenant. |
9 | (3) The landlord shall deliver the notice, together with the amount of the security deposit |
10 | due to the tenant, within twenty (20) days after the latter of either termination of the tenancy, |
11 | delivery of possession, or the tenant's providing the landlord with a forwarding address for the |
12 | purpose of receiving the security deposit. |
13 | (c) If the landlord fails to comply with subsection (b), the tenant may recover the amount |
14 | due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, |
15 | and reasonable attorney fees. |
16 | (d) This section does not preclude the landlord or tenant from recovering other damages to |
17 | which he or she may be entitled under this chapter. |
18 | (e) This section does not preclude any landlord who rents a furnished apartment from |
19 | demanding or receiving a furniture security deposit if the replacement value of the furniture being |
20 | furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) |
21 | or greater, in which instance the landlord may charge a separate furniture security deposit of up to |
22 | one month’s periodic rent. |
23 | (f) Upon termination of the tenancy, the amount of furniture security deposit due to the |
24 | tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the |
25 | amount due, if any, for reasonable cleaning expenses and repair and the amount of physical |
26 | damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, |
27 | together with the amount of the furniture security deposit due to the tenant, within twenty (20) days |
28 | after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing |
29 | the landlord with a forwarding address for the purpose of receiving the furniture security deposit. |
30 | (g) In the event the landlord transfers his or her interest in the premises, the holder of the |
31 | landlord’s interest in the premises at the time of the termination of the tenancy is bound by this |
32 | section. |
33 | (h) No rental agreement shall contain any waiver of the provisions of this section. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC005286 | |
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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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1 | This act would require that residential landlords of six (6) or more dwelling units hold their |
2 | tenants' security deposits in interest-bearing federally insured deposit accounts minus written |
3 | accounting deducting allowable amounts due to the landlord and, within twenty (20) days of the |
4 | end of the tenancy, any remaining interest accrued shall be paid to the tenant. |
5 | This act would take effect upon passage. |
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LC005286 | |
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