2026 -- S 2291 SUBSTITUTE A | |
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LC004389/SUB A | |
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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 -- RHODE | |
ISLAND SURVIVOR EARLY LEASE TERMINATION ACT | |
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Introduced By: Senators Murray, Euer, Bissaillon, DiMario, Gu, Lauria, and Urso | |
Date Introduced: January 23, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-11 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-11. Definitions. |
4 | Subject to additional definitions contained in subsequent sections of this chapter which |
5 | apply to specific sections thereof, and unless the context otherwise requires, in this chapter: |
6 | (1) "Abandonment" means the tenant has vacated the premises without notice to the |
7 | landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen |
8 | (15) days and removal of substantially all possessions from the premises; |
9 | (2) "Abuse" means an act or failure to act that presents an imminent risk of serious harm |
10 | to an individual and, for purposes of this chapter includes, but is not limited to, any of the following |
11 | crimes, regardless of whether these acts or threats have been reported to law enforcement officers: |
12 | (i) Child abuse (§ 11-9-5.3); |
13 | (ii) Child molestation (§§ 11-37-8.1 and 11-37-8.3); |
14 | (iii) Domestic violence; |
15 | (iv) Enticement of children (§ 11-26-1.5); |
16 | (v) Indecent solicitation of a child (§ 11-37-8.8); |
17 | (vi) Kidnapping (§§ 11-26-1 and 11-26-1.4); |
18 | (vii) Sexual assault (chapter 37 of title 11); |
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1 | (viii) Stalking (§ 11-59-2); |
2 | (ix) Strangulation (§ 11-5-2.3); and |
3 | (x) Trafficking (chapter 67.1 of title 11). |
4 | (2)(3) "Action" includes recoupment, counterclaim, set-off, suit in equity, and any other |
5 | proceeding in which rights are determined, including an action for possession; |
6 | (3)(4) "Building and housing codes" include any law, ordinance, or governmental |
7 | regulation concerning fitness for habitation, or the construction, maintenance, operation, |
8 | occupancy, use, or appearance of any premises of dwelling unit; |
9 | (5) "Domestic violence" for purposes of this chapter, means, but is not limited to, any of |
10 | the following crimes when committed by one family or household member against another, |
11 | regardless of whether these acts or threats have been reported to law enforcement officers: |
12 | (i) Simple assault (§ 11-5-3); |
13 | (ii) Felony assaults (chapter 5 of title 11); |
14 | (iii) Vandalism (§ 11-44-1); |
15 | (iv) Disorderly conduct (§ 11-45-1); |
16 | (v) Trespass (§ 11-44-26); |
17 | (vi) Kidnapping (§ 11-26-1); |
18 | (vii) Child-snatching (§ 11-26-1.1); |
19 | (viii) Sexual assault (§§ 11-37-2 and 11-37-4); |
20 | (ix) Homicide (§§ 11-23-1 and 11-23-3); |
21 | (x) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter |
22 | 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the |
23 | penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4; |
24 | (xi) Stalking (chapter 59 of title 11); |
25 | (xii) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14); |
26 | (xiii) Burglary and unlawful entry (chapter 8 of title 11); |
27 | (xiv) Arson (chapter 4 of title 11); |
28 | (xv) Cyberstalking and cyberharassment (§ 11-52-4.2); |
29 | (xvi) Domestic assault by strangulation (§ 11-5-2.3); |
30 | (xvii) Electronic tracking of motor vehicles (§ 11-69-1); or |
31 | (xviii) Abuse. |
32 | (4)(6) "Dwelling unit" means a structure or part of a structure that is designed or intended |
33 | to be used as a home, residence, or sleeping place by one or more persons; |
34 | (5)(7) "Fair rental value" means rent which is of comparable value with that of other rental |
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1 | properties of similar size and condition within the contiguous neighborhood; |
2 | (6)(8) "Good faith" means honesty in fact in the conduct of the transaction concerned; |
3 | (9) "Household member" means one of the following who resides in a property with |
4 | permission of the landlord or is a party to the lease agreement: children and wards, intimate |
5 | partners, spouses, former spouses, persons related by blood or marriage, persons who are presently |
6 | residing together or who have resided together in the past three (3) years, and persons who have a |
7 | child in common regardless of whether they have been married or have lived together, or persons |
8 | who are, or have been, in a dating or engagement relationship within the past year. |
9 | (7)(10) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the |
10 | building of which it is a part, and it also means a manager of the premises who fails to disclose as |
11 | required by § 34-18-20; |
12 | (8)(11) "Ordinary wear and tear" means deterioration of the premises which is the result of |
13 | the tenant's normal nonabusive living and includes, but is not limited to, deterioration caused by |
14 | the landlord's failure to prepare for expected conditions or by the landlord's failure to comply with |
15 | his or her obligations; |
16 | (9)(12) "Organization" includes a corporation, government, governmental subdivision or |
17 | agency, business trust, estate, trust, partnership of association, two (2) or more persons having a |
18 | joint or common interest, and any other legal or commercial entity; |
19 | (10)(13) "Owner" shall mean any person who, alone or jointly or severally with others: |
20 | (i) Has legal title or tax title (pursuant to §§ 44-9-40 — 44-9-46, inclusive, of the general |
21 | laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession |
22 | thereof; or |
23 | (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or |
24 | agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. |
25 | Any person representing the actual owner in this way shall be bound to comply with the provisions |
26 | of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or |
27 | she were the owner. |
28 | (11)(14) "Person" includes an individual or organization; |
29 | (12)(15) "Premises" means a dwelling unit and the structure of which it is a part and |
30 | facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants |
31 | generally, or the use of which is promised to the tenant; |
32 | (13)(16) "Rent" means the payment or consideration that a tenant pays to a landlord for the |
33 | use of the premises, whether money, services, property, or produce of the land; |
34 | (14)(17) "Rental agreement" means all agreements, written or oral, and valid rules and |
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1 | regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and |
2 | occupancy of a dwelling unit and premises, and also includes any terms required by law; |
3 | (15)(18) "Roomer" means a tenant occupying a dwelling unit which consists of any room |
4 | or group of rooms forming a single habitable unit used or intended to be used for living and |
5 | sleeping, but not for cooking or eating purposes; |
6 | (16)(19) "Security deposit" means a sum of money given by a tenant to a landlord at the |
7 | outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant's |
8 | dwelling unit during said tenancy; |
9 | (17)(20) "Tenant" means a person entitled under a rental agreement to occupy a dwelling |
10 | unit to the exclusion of others; |
11 | (18)(21) "Transitional housing facility" means a facility which, for a period not to exceed |
12 | two (2) years, provides its residents with appropriate social services for the purpose of fostering |
13 | independence, self sufficiency, and eventual transition to a permanent living arrangement; |
14 | (19)(22) "Willful" means that the act was performed intentionally, knowingly and |
15 | purposely, not accidentally or inadvertently and without justifiable excuse. |
16 | SECTION 2. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant |
17 | Act" is hereby amended by adding thereto the following sections: |
18 | 34-18-63. Early lease termination by tenant due to abuse, domestic violence, sexual |
19 | assault, or stalking. |
20 | (a) A tenant may terminate their lease or rental agreement without penalty or fees for early |
21 | termination, or liability for future rent when: |
22 | (1) The tenant or household member within the most recent one hundred fifty (150) days |
23 | has been a victim of abuse, domestic violence, sexual assault, or stalking; or |
24 | (2) Within the most recent one hundred fifty (150) days, an event occurs relative to the |
25 | victim of past abuse, domestic violence, sexual assault, or stalking, that, in conjunction with the |
26 | past abuse, causes a victim lessee or victim household member to fear for their safety. |
27 | (3) This right to terminate the lease or rental agreement pursuant to this subsection shall be |
28 | conditioned on: |
29 | (i) The tenant or household member of a tenant who is the victim provides the lessor or |
30 | owner with written verification that the tenant or household member of a tenant has obtained a valid |
31 | protective order against the perpetrator of the abuse, domestic violence, sexual assault stalking; or |
32 | (ii) The tenant or household member of a tenant who is the victim: |
33 | (A) Initiates legal action to obtain a protective order and provides written verification |
34 | thereof to the lessor or owner; or |
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1 | (B) Reports the abuse, domestic violence, sexual assault, or stalking to a law enforcement |
2 | agency and provides written verification thereof to the lessor or owner; or |
3 | (C) Provides written verification from a law enforcement official, attorney, health care |
4 | provider, social worker, mental health counselor, therapist, domestic violence advocate, sexual |
5 | assault advocate, child abuse advocate, or other victim's advocate at a nonprofit organization, |
6 | college, university or state agency, that the tenant or their household member are a victim of abuse, |
7 | domestic violence, sexual assault, or stalking; or |
8 | (D) Provides a signed self-certification form available from the Rhode Island office of the |
9 | secretary of state. The secretary of state shall develop and provide forms for abuse victim tenant |
10 | self-certification, available to tenants at no cost; and such form shall include sworn affirmation |
11 | language that the facts provided by the tenant or household member of a tenant in the self- |
12 | certification form are true and accurate to the best of their knowledge and recollection under the |
13 | penalty of perjury. |
14 | (b) The written verification provided to the lessor or owner, including the fact that an |
15 | individual is a victim of abuse, domestic violence, sexual assault, or stalking, shall be maintained |
16 | in strict confidence. The lessor or owner shall keep this information and any further personally- |
17 | identifiable information of tenant and tenant's household members (such as address, social security |
18 | number, email, phone number, birthdate) confidential and shall not disclose this information to any |
19 | other entity, party or individual, except to the extent that such disclosure is: |
20 | (1) Requested and consented to in writing by the tenant or household member of the tenant |
21 | who is the victim of abuse, domestic violence, sexual assault, or stalking; or |
22 | (2) Otherwise required by applicable law. |
23 | (c) The tenant who has given notice shall vacate the premises within thirty (30) days of |
24 | giving notice to the landlord or at any other time as may be agreed upon by the landlord and the |
25 | tenant. |
26 | (d) For the purposes of determining rent owed, a tenant who terminates a lease or rental |
27 | agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the lease |
28 | or rental agreement, for rent owed through the date of termination or the date the tenant actually |
29 | vacates the premises, whichever is later. |
30 | (e) A tenant who terminates a lease or rental agreement pursuant to this section shall be |
31 | entitled to a refund of any security deposit in compliance with § 34-18-19 or prepaid rent for any |
32 | period thereafter, so long as full possession is turned over to the landlord absent any damage. The |
33 | tenant shall receive a full and specific statement of the basis for retaining any of the security deposit |
34 | or prepaid rent together with any refund due in compliance with § 34-18-19 and within twenty (20) |
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1 | days of the conclusion of the tenancy. |
2 | (f) A lease agreement which is terminated under this section shall terminate in its entirety |
3 | with full possession delivered to the landlord, unless there is a co-tenant also on the lease, who may |
4 | be offered an opportunity to remain in the dwelling unit, at the landlord's discretion. |
5 | 34-18-64. Refusal of rental agreement or assistance based on termination of rental |
6 | agreement under § 34-18-63 or request for change of lock under § 34-18-65 prohibited. |
7 | A lessor or owner shall not refuse to enter into a rental agreement, nor shall a housing |
8 | subsidy provider deny assistance, based on an applicant having terminated a rental agreement under |
9 | § 34-18-63 or based upon an applicant having requested a change of locks under § 34-18-65. |
10 | 34-18-65. Change of locks upon request of tenant or household member believed to |
11 | be under imminent threat of abuse, domestic violence, sexual assault, or stalking. |
12 | (a) For purposes of this section, the term "household member" means a person residing |
13 | with the tenant or co-tenant as an authorized occupant of the premises, and who is eighteen (18) |
14 | years of age or older or an emancipated minor. |
15 | (b) A lessor or owner shall, upon the request of all tenants in possession, or furnishing of |
16 | a court order, change the locks of the individual dwelling unit in which the tenant or household |
17 | member lives if the tenant or household member reasonably believes that the tenant or household |
18 | member is under an imminent threat of abuse, domestic violence, sexual assault or stalking at the |
19 | premises. A lessor or owner shall have the right to request, in good faith, written verification or |
20 | self-certification of the status as a victim of abuse, domestic violence, sexual assault or stalking, as |
21 | provided in § 34-18-63. |
22 | (c) If the threat of abuse, domestic abuse, violence, sexual assault or stalking is posed by a |
23 | person who is a tenant or household member, the lessor or owner may change the locks and deny |
24 | a key to the alleged perpetrator upon receipt of a request to change the locks; provided, however, |
25 | that such request shall be accompanied by a copy of a valid protective order issued against a tenant, |
26 | co-tenant or household member or other court order requiring change of locks. |
27 | (d) A lessor or owner who has received notice of a request, in accordance with subsection |
28 | (b) of this section, for change of locks shall, within two (2) business days, make a good faith effort |
29 | to change the locks or give the tenant, co-tenant or household member permission to change the |
30 | locks in a workman-like manner. If the lessor or owner changes the locks, the lessor or owner shall |
31 | make a good faith effort to give a key to the new locks to the tenant or household member requesting |
32 | the lock change as soon as possible, but within the same two (2) business day period. A lessor or |
33 | owner may charge a fee for the expense of changing the locks. The fee shall not exceed the |
34 | reasonable price customarily charged for changing such locks in that community. |
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1 | (e) If a lessor or owner fails to change the locks after receipt of a request, in accordance |
2 | with subsection (b) of this section, within two (2) business days, the tenant, co-tenant or household |
3 | member may change the locks without the owner's permission. The tenant or household member |
4 | shall provide a key to the new locks to the lessor or owner within two (2) business days of the locks |
5 | being changed. If a tenant or household member changes the locks without the owner's permission, |
6 | such person shall change the locks in a workman-like manner with locks of similar or better quality |
7 | than the original locks. A lessor or owner may replace a lock installed by the tenant or household |
8 | member, or seek reimbursement for additional costs incurred, if the lessor or owner believes that |
9 | the locks were not of equal or better quality or were not installed properly, and such action shall be |
10 | deemed not to be in retaliation. |
11 | (f) If the locks, are changed under this section, a tenant or household member shall not |
12 | voluntarily give the new key to the perpetrator. A lessor or owner who refuses to provide a key to |
13 | any person based on the reasonable belief that such person is the perpetrator of alleged abuse, |
14 | domestic violence, sexual assault or stalking, shall not be liable for such refusal. |
15 | (g) A lessor or owner who takes action to prevent the tenant or household member who has |
16 | complied with subsection (b) of this section from changing the locks, or any lessor or owner who |
17 | changes the locks but fails to make a good faith effort to provide a key to the tenant or household |
18 | member requesting the lock change as provided in subsection (d) of this section, shall be liable for |
19 | the amount of two (2) months' rent and the costs of the action, including reasonable attorneys' fees, |
20 | all of which may be applied in setoff or recoupment against any claim for rent owed or owing for |
21 | use and occupancy. Damages shall not be imposed if the court determines that the lessor or owner |
22 | acted in good faith. |
23 | 34-18-66. Jurisdiction of courts to restrain violations. Applicability of other laws to |
24 | requests to change locks. |
25 | The district court shall have jurisdiction in equity to restrain violations of §§ 34-18-62 |
26 | through 34-18-65, inclusive. |
27 | 34-18-67. Waivers of §§ 34-18-62 through 34-18-64 void and unenforceable. |
28 | A waiver of §§ 34-18-63 through 34-18-65, shall be void and unenforceable. |
29 | SECTION 3. This act shall take effect upon passage. |
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LC004389/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT -- RHODE | |
ISLAND SURVIVOR EARLY LEASE TERMINATION ACT | |
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1 | This act would grant tenants that are the victim of various forms of abuse including, but |
2 | not limited to, sexual and domestic abuse and stalking, the right to terminate a lease agreement |
3 | early without penalty or liability for rent. This act would also provide for requests to change locks. |
4 | This act would take effect upon passage. |
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LC004389/SUB A | |
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