2015 -- S 0437

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LC001590

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY

     Introduced By: Senators Jabour, Lombardi, Archambault, and McCaffrey

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-19 of the General Laws in Chapter 34-18 entitled

"Residential Landlord and Tenant Act" is hereby amended to read as follows:

     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 At or

prior to the commencement of any tenancy, no landlord may require a tenant or a prospective

tenant to pay any amount in excess of the following:

     (1) Rent for the first full month of occupancy; and

     (2) A security deposit equal to two (2) months' 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 and the amount of physical damages to the premises, other than ordinary wear and

tear, which 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) 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.

      (f) No rental agreement shall contain any waiver of the provisions of this section.

     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

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     This act would prohibit a landlord at the commencement of a tenancy, to charge a

prospective tenant more than one month's rent and a security deposit equal to two (2) months'

rent.

     This act would take effect upon passage.

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LC001590

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