2023 -- H 5690 | |
======== | |
LC001305 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
| |
Introduced By: Representatives Cruz, Potter, Batista, Speakman, Tanzi, Stewart, Boylan, | |
Date Introduced: February 17, 2023 | |
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 "Residential |
2 | 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 shall |
7 | be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued |
8 | 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 than |
10 | ordinary wear and tear, that the landlord has suffered by reason of the tenant’s noncompliance with |
11 | § 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord |
12 | shall deliver the notice, together with the amount of the security deposit due to the tenant, within |
13 | twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the |
14 | tenant’s providing the landlord with a forwarding address for the purpose of receiving the security |
15 | 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 withheld, |
18 | and reasonable attorney fees. |
19 | (d) This section does not preclude the landlord or tenant from recovering other damages to |
| |
1 | 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 replacement value of the furniture being |
4 | furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) |
5 | or greater, in which instance the landlord may charge a separate furniture security deposit of up to |
6 | one month’s periodic rent. |
7 | (f) Upon termination of the tenancy, the amount of furniture security deposit due to the |
8 | tenant shall be the entire amount given by the tenant as a furniture security deposit, minus the |
9 | amount due, if any, for reasonable cleaning expenses and repair and the amount of physical |
10 | damages to the furniture, other than ordinary wear and tear. The landlord shall deliver the notice, |
11 | together with the amount of the furniture security deposit due to the tenant, within twenty (20) days |
12 | after the later of either termination of the tenancy, delivery of possession, or the tenant’s providing |
13 | the landlord with a forwarding address for the purpose of receiving the furniture security deposit. |
14 | (g) In the event the landlord transfers his or her interest in the premises, the holder of the |
15 | landlord’s interest in the premises at the time of the termination of the tenancy is bound by this |
16 | section. |
17 | (h) No rental agreement shall contain any waiver of the provisions of this section. |
18 | (i)(1) Any lessor or their agent who receives a security deposit, however denominated, in |
19 | accordance with this section, shall, beginning with the first day of tenancy, pay interest at the rate |
20 | of five percent (5%) per year or other such lesser amount of interest as has been received from the |
21 | bank where the deposit has been held. Such interest shall be paid over to the tenant each year as |
22 | provided in this section; provided, however, that in the event that the tenancy is terminated before |
23 | the anniversary date of such tenancy, the tenant shall receive all accrued interest within thirty (30) |
24 | days of such termination. If, after thirty (30) days from the end of each year of the tenancy, the |
25 | tenant has not received said interest due or said notice to deduct the interest from the next rental |
26 | payment, the tenant may deduct from their next rent payment the interest due. |
27 | (2) If the lessor fails to pay any interest to which the tenant is then entitled within thirty |
28 | (30) days after the termination of the tenancy, the tenant, upon proof of the same in an action against |
29 | the lessor within the district court, shall be awarded damages in an amount equal to three (3) times |
30 | the amount of interest to which the tenant is entitled, together with court costs and reasonable |
31 | attorneys’ fees. |
32 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC001305 | |
======== | |
| LC001305 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
*** | |
1 | This act would provide that landlords would pay interest on security deposits in residential |
2 | landlord-tenant matters. The rate of interest would generally be five percent (5%). |
3 | This act would take effect upon passage. |
======== | |
LC001305 | |
======== | |
| LC001305 - Page 3 of 3 |