Navigating Mid-Term Rentals in Rhode Island: Key Regulations and Lease Essentials for Landlords

Rhode Island has specific laws governing mid-term rentals, typically defined as leases between one and six months. These regulations may differ from those in other states, and understanding them is critical for landlords. Below are the key legal requirements and recommended lease provisions to ensure compliance and clarity for both landlords and tenants.

1. Security Deposit Regulations

• State Law: Rhode Island limits the security deposit to one month’s rent. Additionally, landlords must place security deposits in an interest-bearing account, and tenants are entitled to the interest earned if the lease extends beyond one year.
  
• Lease Provision: Include a clause specifying the maximum deposit amount, the use of an interest-bearing account, and the handling of interest payments. Clarify that the deposit will be returned within 20 days of the lease’s termination, along with an itemized deduction statement, as per state law.
  

2. Notice for Lease Termination

• State Law: For month-to-month leases, landlords and tenants must provide at least 30 days' notice for lease termination.
  
• Lease Provision: Clearly state the 30-day notice requirement for both parties in the case of a month-to-month agreement. For fixed-term leases, specify if notice is needed for non-renewal at the lease's conclusion.
  

3. Late Fees

• State Law: Rhode Island allows late fees, but they cannot exceed 5% of the monthly rent and can only be applied if the rent is 5 days late.
  
• Lease Provision: Clearly outline the late fee amount, the grace period of 5 days, and the conditions under which the fee will apply.
  

4. Landlord’s Right of Entry

• State Law: Landlords must provide reasonable notice (interpreted as 24 hours) before entering the property, except in emergencies.
  
• Lease Provision: Include a clause that specifies a 24-hour notice requirement for non-emergency access and allows for immediate entry in emergency situations.
  

5. Repairs and Maintenance Obligations

• State Law: Rhode Island enforces an implied warranty of habitability, requiring landlords to maintain the property in a livable condition, covering essentials such as heating, plumbing, and electrical systems.
  
• Lease Provision: Clearly define the landlord’s obligations for maintaining the property and the tenant’s responsibility for reporting issues. Also, outline any tenant maintenance duties (e.g., yard care or minor repairs).
  

6. Lead-Based Paint Disclosure

• Federal Requirement: If the property was built before 1978, federal law mandates that landlords provide a lead-based paint disclosure and an EPA-approved pamphlet.
  
• Lease Provision: Ensure that the lease includes a lead-based paint disclosure if applicable and outlines the tenant’s right to receive information regarding potential lead hazards.
  

7. Handling Abandoned Property

• State Law: If a tenant leaves personal property behind, landlords must store the belongings for 30 days and notify the tenant before disposing of them.
  
• Lease Provision: Detail the process for handling abandoned property, including the 30-day notice period, and clarify any costs associated with storage or disposal.
  

8. Early Lease Termination for Domestic Violence Victims

• State Law: Rhode Island law allows tenants who are victims of domestic violence to terminate their lease early with 30 days' written notice and supporting documentation.
  
• Lease Provision: Include a clause that outlines the tenant’s right to terminate the lease under this condition, along with the necessary documentation to exercise this right.
  

9. Radon and Mold Disclosure

• State Law: Although Rhode Island does not mandate mold disclosures, landlords should proactively address mold prevention and remediation.
  
• Lease Provision: Include clauses that address both radon disclosure (if applicable) and mold prevention responsibilities, such as keeping the property dry and promptly reporting any mold growth.
  

10. Pet Policy

• State Law: Rhode Island allows landlords to charge pet deposits and monthly pet fees, though service animals are exempt from these charges.
  
• Lease Provision: If pets are allowed, specify the type of pets permitted, the pet deposit, monthly fees, and any pet-related rules. Be sure to include a provision that service animals are not subject to fees.
  

11. Fair Housing and Anti-Discrimination

• State Law: Rhode Island enforces both federal and state anti-discrimination laws, prohibiting bias based on factors such as race, religion, national origin, disability, and familial status.
  
• Lease Provision: Incorporate a clear anti-discrimination clause in compliance with both federal and Rhode Island law to affirm your commitment to equal housing opportunities.
  

12. Utility Payments

• State Law: Rhode Island does not specify how utilities should be allocated between landlords and tenants.
  
• Lease Provision: Clearly outline the tenant’s responsibility for utility payments and whether any utilities are included in the rent.
  

13. Smoking Policy

• State Law: There are no specific statewide regulations regarding smoking in rental properties.
  
• Lease Provision: If smoking is prohibited, include a no-smoking clause in the lease, specifying the areas where smoking is restricted and the consequences for violations.
  

14. Tenant’s Right to Repair and Deduct

• State Law: Rhode Island tenants have the right to repair and deduct if landlords fail to make necessary repairs after receiving notice.
  
• Lease Provision: Detail the process for notifying the landlord of needed repairs and the tenant’s right to hire professionals if repairs are not made in a timely manner.
  

15. Eviction Procedures

• State Law: For non-payment of rent, landlords must provide a 15-day notice to pay or vacate. For lease violations, a 30-day notice is required.
  
• Lease Provision: Include these notice requirements in the lease, along with details about the legal process for eviction in the event of non-compliance.
  

16. Carbon Monoxide and Smoke Detectors

• State Law: Landlords are required to install carbon monoxide and smoke detectors in rental properties.
  
• Lease Provision: Include a clause that outlines both the landlord’s obligation to install and maintain detectors and the tenant’s responsibility to regularly test and replace batteries.
  

17. Insurance Requirements

• State Law: Landlords may require tenants to obtain renter’s insurance.
  
• Lease Provision: If renter’s insurance is required, specify the minimum coverage and the deadline for providing proof of insurance.
  

18. Subletting Policy

• State Law: There are no specific Rhode Island regulations on subletting, but landlords can set their own rules.
  
• Lease Provision: Clearly state whether subletting is permitted, and if so, under what conditions, including the need for landlord approval.
  

19. Court Costs and Attorney Fees

• State Law: Landlords may recover court costs and attorney fees if specified in the lease.
  
• Lease Provision: Include a clause that permits the recovery of court costs and attorney fees in the event of a legal dispute arising from the lease.
  

20. Smoking Policy

• State Law: No specific regulation exists on smoking, so landlords can decide whether to permit it.
  
• Lease Provision: Specify whether smoking is allowed and, if not, outline the consequences for violations.
  

Including these Rhode Island-specific provisions in your mid-term rental lease will ensure compliance with state laws and offer protection to both landlords and tenants. Having a clear, comprehensive lease can prevent legal disputes and create a positive landlord-tenant relationship.