§ 34-18-19. Security deposits.
(a) A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s periodic rent.
(b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for reasonable trash disposal expenses and the amount of physical damages to the premises, other than ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with § 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord shall deliver the notice, together with the amount of the security deposit due to the tenant, within twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing the landlord with a forwarding address for the purpose of receiving the security deposit.
(c) If the landlord fails to comply with subsection (b), the tenant may recover the amount due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, and reasonable attorney fees.
(d) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under this chapter.
(e) This section does not preclude any landlord who rents a furnished apartment from demanding or receiving a furniture security deposit if the replacement value of the furniture being furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) or greater, in which instance the landlord may charge a separate furniture security deposit of up to one month’s periodic rent.
(f) Upon termination of the tenancy, the amount of furniture security deposit due to the tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the amount due, if any, for reasonable cleaning expenses and repair and the amount of physical damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, together with the amount of the furniture security deposit due to the tenant, within twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing the landlord with a forwarding address for the purpose of receiving the furniture security deposit.
(g) In the event the landlord transfers his or her interest in the premises, the holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
(h) No rental agreement shall contain any waiver of the provisions of this section.
History of Section.P.L. 1986, ch. 200, § 2; P.L. 2015, ch. 125, § 1; P.L. 2015, ch. 134, § 1; P.L. 2018, ch. 229, § 1; P.L. 2018, ch. 260, § 1.
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.