§ 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.
(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 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.
History of Section.P.L. 1986, ch. 200, § 2; P.L. 1993, ch. 291, § 1; P.L. 2013, ch. 191, § 2; P.L. 2013, ch. 237, § 2.
Structure Rhode Island General Laws
Chapter 34-18 - Residential Landlord and Tenant Act
Section 34-18-1. - Short title.
Section 34-18-2. - Purposes — Rules of construction.
Section 34-18-3. - Supplementary principles of law applicable.
Section 34-18-4. - Construction against implicit repeal.
Section 34-18-5. - Administration of remedies — Enforcement.
Section 34-18-6. - Temporary restraining orders — Ex parte proceedings.
Section 34-18-7. - Application.
Section 34-18-8. - Exclusions from application of chapter.
Section 34-18-9. - Jurisdiction.
Section 34-18-10. - Service of process for actions pursuant to chapter.
Section 34-18-11. - Definitions.
Section 34-18-12. - Obligation of good faith.
Section 34-18-13. - Unconscionability.
Section 34-18-15. - Terms and conditions of rental agreement.
Section 34-18-16. - Effect of unsigned or undelivered rental agreement.
Section 34-18-16.1. - Rent increases — Notice requirements.
Section 34-18-17. - Prohibited provisions in rental agreements.
Section 34-18-18. - Receipt of rent free of maintenance obligations forbidden.
Section 34-18-19. - Security deposits.
Section 34-18-20. - Disclosure.
Section 34-18-21. - Landlord to deliver possession of dwelling unit.
Section 34-18-22. - Landlord to maintain premises.
Section 34-18-22.1. - Landlord’s duty to notify tenant of violation.
Section 34-18-22.2. - Landlord’s duty regarding compliance with zoning and minimum housing laws.
Section 34-18-22.3. - Nonresident landlord to designate agent for service of process.
Section 34-18-23. - Limitation of liability upon sale or change of management.
Section 34-18-24. - Tenant to maintain dwelling unit.
Section 34-18-25. - Rules and regulations.
Section 34-18-27. - Tenant to use and occupy.
Section 34-18-28. - Noncompliance by the landlord in general.
Section 34-18-29. - Failure to deliver possession.
Section 34-18-30. - Self-help for limited repairs.
Section 34-18-31. - Wrongful failure to supply heat, water, hot water, or essential services.
Section 34-18-32. - Landlord’s noncompliance as defense to action for possession or rent.
Section 34-18-33. - Fire or casualty damage.
Section 34-18-35. - Eviction for nonpayment of rent.
Section 34-18-36. - Eviction for noncompliance with rental agreement.
Section 34-18-37. - Termination of periodic tenancy.
Section 34-18-38. - Eviction for unlawfully holding over after termination or expiration of tenancy.
Section 34-18-38.2. - Just cause needed for eviction of foreclosed residential property tenants.
Section 34-18-39. - Failure to maintain.
Section 34-18-40. - Remedies for abandonment.
Section 34-18-41. - Waiver of landlord’s right to terminate.
Section 34-18-42. - Landlord liens — Distraint for rent abolished.
Section 34-18-43. - Remedy after termination.
Section 34-18-44. - Self-help recovery of possession prohibited.
Section 34-18-45. - Landlord and tenant remedies for abuse of access.
Section 34-18-46. - Retaliatory conduct prohibited.
Section 34-18-48. - Execution.
Section 34-18-49. - Payment of rent on stay of execution.
Section 34-18-50. - Payment of moving costs required.
Section 34-18-51. - Issuance of execution on nonpayment of rent.
Section 34-18-52. - Payment of rent during pendency of appeal.
Section 34-18-53. - Dismissal of appeal for nonpayment of rent during pendency of appeals.
Section 34-18-54. - Savings clause.
Section 34-18-55. - Severability.
Section 34-18-56. - Notices and complaint forms.
Section 34-18-57. - Providence and Warwick Absentee Landlord Enforcement Act.