2018 -- S 2609 SUBSTITUTE A

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LC004631/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

     Introduced By: Senators DiPalma, Seveney, Coyne, and Nesselbush

     Date Introduced: March 01, 2018

     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.

     (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, 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) 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.

     (e)(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.

     (f)(h) 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 - RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would allow landlords to charge additional security deposits on furniture when a

furnished apartment is leased, if the value of the furniture exceeds seven thousand five hundred

dollars ($7,500).

     This act would take effect upon passage.

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