Overview
Rhode Island provides clear protections for tenants when it comes to security deposits. The state caps deposits at one month's rent and requires landlords to return deposits within 20 days of the tenant vacating the unit. These rules are governed by the Residential Landlord and Tenant Act.
This guide covers everything landlords and tenants need to know about security deposits in Rhode Island.
Deposit Limits
Rhode Island sets a straightforward limit on security deposits:
- Maximum deposit: 1 month's rent for all residential tenancies
- The limit applies regardless of whether the unit is furnished or unfurnished
- Landlords may not charge nonrefundable deposits or fees labeled as security deposits
Pet Deposits
Landlords may charge a separate, reasonable pet deposit in addition to the security deposit. Service animals and emotional support animals are exempt from pet deposits under federal and state fair housing laws.
cite: R.I. Gen. Laws § 34-18-19(a)
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage (not ordinary wear)
- Cleaning: Costs to restore the unit to the same level of cleanliness as at move-in
- Other lease violations: Costs permitted under the terms of the rental agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight
Damage beyond normal wear and tear includes:
- Large holes in walls
- Stained or burned carpet
- Broken windows or fixtures
- Unauthorized alterations to the unit
Return Timeline
Landlords must return the security deposit within 20 days of the tenant vacating the unit. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide the required accounting within 20 days, the tenant may recover up to double the amount wrongfully withheld in court.
The landlord must mail the deposit and accounting to the tenant's forwarding address. If no forwarding address is provided, the landlord should send it to the tenant's last known address.
cite: R.I. Gen. Laws § 34-18-19(b)
Pre-Move-Out Inspection
Rhode Island law does not specifically require landlords to offer a pre-move-out inspection. However, conducting a walk-through with the tenant before move-out is recommended as a best practice. This allows both parties to document the condition of the unit and can help prevent disputes over deductions.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in Small Claims Court (up to $5,000 in Rhode Island)
- Contact a local tenant rights organization for assistance and mediation
Courts may award the tenant up to double the deposit amount wrongfully withheld if the landlord failed to comply with the return requirements or acted in bad faith.