2018 -- H 7600 SUBSTITUTE A | |
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LC004623/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT | |
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Introduced By: Representatives Casimiro, Vella-Wilkinson, Shanley, Ackerman, and | |
Date Introduced: February 14, 2018 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-19 of the General Laws in Chapter 34-18 entitled |
2 | "Residential Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-19. Security deposits. |
4 | (a) A landlord may not demand or receive a security deposit, however denominated, in an |
5 | amount or value in excess of one month's periodic rent. |
6 | (b) Upon termination of the tenancy, the amount of security deposit due to the tenant |
7 | shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid |
8 | accrued rent, the amount due, if any, for reasonable cleaning expenses, the amount due, if any, for |
9 | reasonable trash disposal expenses and the amount of physical damages to the premises, other |
10 | than ordinary wear and tear, which the landlord has suffered by reason of the tenant's |
11 | noncompliance with ยง 34-18-24, all as itemized by the landlord in a written notice delivered to |
12 | the tenant. The landlord shall deliver the notice, together with the amount of the security deposit |
13 | due to the tenant, within twenty (20) days after the later of either termination of the tenancy, |
14 | delivery of possession, or the tenant's providing the landlord with a forwarding address for the |
15 | purpose of receiving the security deposit. |
16 | (c) If the landlord fails to comply with subsection (b), the tenant may recover the amount |
17 | due him or her, together with damages in an amount equal to twice the amount wrongfully |
18 | withheld, and reasonable attorney fees. |
19 | (d) This section does not preclude the landlord or tenant from recovering other damages |
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1 | to which he or she may be entitled under this chapter. |
2 | (e) This section does not preclude any landlord who rents a furnished apartment from |
3 | demanding or receiving a furniture security deposit. If the retail value of the furniture being |
4 | furnished by the landlord is seven thousand five hundred dollars ($7,500) or greater, the landlord |
5 | may charge an additional furniture security deposit of up to one month's periodic rent. |
6 | (f) Upon termination of the tenancy, the amount of furniture security deposit due to the |
7 | tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the |
8 | amount due, if any, for reasonable cleaning expenses and repair and the amount of physical |
9 | damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, |
10 | together with the amount of the furniture security deposit due to the tenant, within twenty (20) |
11 | days after the later of either termination of the tenancy, delivery of possession, or the tenant's |
12 | providing the landlord with a forwarding address for the purpose of receiving the furniture |
13 | security deposit. |
14 | (e)(g) In the event the landlord transfers his or her interest in the premises, the holder of |
15 | the landlord's interest in the premises at the time of the termination of the tenancy is bound by |
16 | this section. |
17 | (f)(h) No rental agreement shall contain any waiver of the provisions of this section. |
18 | SECTION 2. This act shall take effect upon passage. |
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LC004623/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 | |
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1 | This act would allow landlords to charge additional security deposits on furniture when a |
2 | furnished apartment is leased, if the value of the furniture exceeds seven thousand five hundred |
3 | dollars ($7,500). |
4 | This act would take effect upon passage. |
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