2022 -- H 7466

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LC004635

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representatives Perez, Vella-Wilkinson, J Lombardi, Hull, McLaughlin,
and Potter

     Date Introduced: February 11, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-15 of the General Laws in Chapter 34-18 entitled "Residential

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

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     34-18-15. Terms and conditions of rental agreement.

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     (a) A landlord and a tenant may include in a rental agreement terms and conditions not

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prohibited by this chapter or other rule of law, including rent, term of the agreement, and other

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provisions governing the rights and obligations of the parties.

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     (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and

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occupancy of the dwelling unit.

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     (c) Rent is payable without demand or notice at the time and place agreed upon by the

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parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at

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the beginning of any term of one month or less and otherwise in equal monthly installments at the

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beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-

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day.

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     (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case

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of a roomer who pays weekly rent, and in all other cases month to month.

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     (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65)

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during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in

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order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing

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facility, or a unit in a private or public housing complex designated by the federal government as

 

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housing for the elderly. The tenant may terminate the rental agreement by notice given in writing

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to the usual person to whom rental payments are made. The notice shall be accompanied by

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documentation of admission or pending admission to a facility or housing complex described in

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this section. Termination of the rental agreement shall be effective no earlier than forty-five (45)

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days after the first rental payment due date following delivery of written notice of termination.

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     (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a

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servicemember's dependents may be unilaterally terminated if:

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     (i) The lease is executed by or on behalf of a person who, thereafter, and during the term

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of the lease, enters military service; or

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     (ii) The servicemember, while in military service, executes the lease and thereafter receives

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military orders for a change of permanent station or to deploy with a military unit, or as an

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individual in support of a military operation, for a period of not less than ninety (90) days; and

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     (iii) The lessee delivers to the lessor (or the lessor's grantee), or to the lessor's agent (or the

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agent's grantee), written notice of the termination, and a copy of the servicemember's military

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orders.

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     (2) Effective date of lease termination. In the event that a lease provides for monthly

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payment of rent, termination of the lease under this section is effective thirty (30) days after the

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first date on which the next rental payment is due and payable after the date on which the notice is

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delivered.

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     (3) In the case of any other lease, termination of the lease is effective on the last day of the

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month following the month in which the notice is delivered.

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     (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the

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period preceding the effective date of the lease termination on a prorated basis. The lessor may not

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impose an early termination charge, but any taxes, summonses, or other obligations and liabilities

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of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee

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for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the

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lessee.

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     (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the

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effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the

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lessor's assignee or the assignee's agent) within thirty (30) days of the effective date of the

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termination of the lease.

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     (6) A lessee's termination of a lease pursuant to this section shall terminate any obligation

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a dependent of the lessee may have under the lease.

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     (g) During any twelve (12) month period, no rent increase shall be in an amount greater

 

LC004635 - Page 2 of 4

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than ten percent (10%) plus the consumer price index above the existing rent. For purposes of this

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section, the “consumer price index” refers to the Consumer Price Index for all Urban Consumers

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(CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of

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the prior calendar year.

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     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 limit residential rent increases to ten percent (10%) annually.

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     This act would take effect upon passage.

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