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

     

     Introduced By: Representatives Cruz, Handy, Potter, Ajello, Stewart, Batista, Shanley,
Cotter, Giraldo, and Kislak

     Date Introduced: February 27, 2026

     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 "Residential

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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 shall

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be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued

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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 than

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ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with

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§ 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord

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shall 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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     (1) All security deposits received by a landlord of six (6) or more dwelling units shall be

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deposited into federally insured deposit accounts earning interest at a rate not less than the

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prevailing market rate of interest for regular savings accounts as established in § 19-9-2 or another

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standard adopted by the department of business regulation in concurrence with the department of

 

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housing. All interest accrued shall be the property of the tenant.

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     (2) Upon termination of the tenancy, the amount of security deposit due to the tenant shall

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be the entire amount given by the tenant as a security deposit, plus all interest accrued, minus any

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amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, the

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amount due, if any, for reasonable trash disposal expenses and the amount of physical damages to

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the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the

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tenant's noncompliance with § 34-18-24, all as itemized by the landlord in a written notice delivered

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to the tenant.

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     (3) 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 latter 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 withheld,

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and reasonable attorney fees.

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

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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) days

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after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing

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the landlord with a forwarding address for the purpose of receiving the furniture security deposit.

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

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

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section.

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     (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 require that residential landlords of six (6) or more dwelling units hold their

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tenants' security deposits in interest-bearing federally insured deposit accounts minus written

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accounting deducting allowable amounts due to the landlord and, within twenty (20) days of the

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end of the tenancy, any remaining interest accrued shall be paid to the tenant.

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     This act would take effect upon passage.

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