Can any basement be legally rented as an apartment in Rhode Island?

No, only basements that meet strict state and local building codes—including ceiling height, ventilation, and proper egress—can be rented legally.

How can I check if my basement rental is legal?

Ask your landlord for city permits and certificates of occupancy or call your local minimum housing/code office to confirm legality.

What should I do if my basement apartment feels unsafe or unhealthy?

Notify your landlord in writing, then contact your local minimum housing department for an inspection if problems are not resolved.

Are basement apartment renters protected by Rhode Island tenant laws?

Yes. Basement renters have the same protections as all tenants under the Rhode Island Residential Landlord and Tenant Act.

Who handles disputes about basement rentals or unsafe housing conditions?

The Rhode Island District Court, Landlord and Tenant Section, is the main authority for these disputes.

Rhode Island Basement Apartment Laws: Renter Protections and Rights

Special Housing Types & Situations Rhode Island published June 21, 2025

Thinking of renting a basement apartment in Rhode Island, or are you currently living in one? It's essential to know your rights and which laws apply. Rhode Island has specific rules for basement rentals relating to safety, building codes, and tenant protections. This guide explains what every renter should look out for and how to make sure your basement apartment is legal and safe.

Is It Legal to Rent a Basement Apartment in Rhode Island?

Not every basement can be legally rented out as an apartment. Basement units must meet key health, safety, and building code standards set by the state and your local city or town to be considered lawful housing. Here's what you should expect:

Minimum ceiling height: Most habitable rooms in basements must have at least 7 feet of ceiling height. Check with your local code enforcement officer for exact dimensions in your area.
Emergency escape routes: Each sleeping room must have an accessible emergency exit (often called “egress”), such as a window big enough to escape through. This is required by the Rhode Island State Building Code.
Ventilation, heat, and light: Basements must have proper ventilation, operable windows, and adequate lighting as specified under the state's Minimum Housing Code.
Fully permitted construction: The basement must have been converted with the correct permits, inspections, and approvals from your city or town.

Always ask landlords to show city permits for any basement rental. Illegal units may put your safety—and tenancy rights—at risk.

Tenant Rights in Basement Apartments

Rhode Island renters in basement apartments are covered by the same state laws as renters in other types of buildings. The key piece of legislation is the Rhode Island Residential Landlord and Tenant Act.^[1] Renters have the right to:

Safe and habitable living conditions
Timely repairs for issues like leaks, mold, unsafe electrical work, or lack of heat
Written notice for rent increases or eviction
Due process if a landlord wants to end your tenancy

What If the Apartment Isn't Up to Code?

If you suspect your basement rental is illegal or unsafe, you have the right to request repairs or complain to your local minimum housing/code enforcement office. You can also notify your landlord, in writing, about the issue. If the landlord does not fix code violations, you may be able to file a formal complaint or request an inspection.

Official Forms and How to Use Them

Notice of Noncompliance (Local Minimum Housing Department): If you contact your local housing or code office, they may issue the landlord a written notice to correct violations. There is no universal state form, so contact your city or town minimum housing office for procedures.
Rhode Island District Court – Complaint for Rent Escrow (Form DC-53): Tenants can use this form if the landlord fails to make vital repairs. For example, if your basement has severe mold and the landlord ignores your written request, you can file Form DC-53 at your local District Court to ask the court to order repairs or allow you to pay rent into escrow. Get it from the Rhode Island Judiciary District Court forms page.
Notice to Quit (No state-standard form): If you receive notice to end your tenancy, a landlord must follow legal requirements for written notice. Review process with the Landlord-Tenant Guide from the Rhode Island Judiciary.

Always keep a copy of any form or letter you submit, and verify deadlines carefully.

Key Housing Tribunals in Rhode Island

Rhode Island does not have a single tenant board. Disputes about basement apartments, evictions, or repairs are handled by the Rhode Island District Court – Landlord and Tenant Section.

Action Steps: Handling Unsafe Basement Apartments

If you believe your basement rental is illegal or unsafe, here are suggested steps:

Notify your landlord in writing about any issue and request repairs.
If the landlord does not respond, contact your city or town’s minimum housing/code enforcement office to request an inspection.
If necessary, file a complaint in the Rhode Island District Court using Form DC-53 for urgent repairs.
Seek help from a legal aid organization if your tenancy is threatened for reporting code violations.

FAQ: Basement Apartment Renting in Rhode Island

Can any basement be legally rented as an apartment in Rhode Island?
No, only basements that meet strict state and local building codes—including ceiling height, ventilation, egress (emergency exits), and proper permits—can be rented legally.
How can I check if my basement rental is legal?
Ask your landlord for city permits and certificates of occupancy. You can also call your local minimum housing/code office to confirm legality.
What should I do if my basement apartment feels unsafe or unhealthy?
Document the issue, notify your landlord in writing, and if problems persist, contact your local minimum housing department to request an inspection.
Are basement apartment renters protected by Rhode Island tenant laws?
Yes. Renters in basement apartments have the same protections as other tenants under the Rhode Island Residential Landlord and Tenant Act.
Who handles disputes about basement rentals or unsafe housing conditions?
The Rhode Island District Court, Landlord and Tenant Section is the main authority for rental disputes in the state.

Key Takeaways for Rhode Island Basement Renters

Always confirm your basement apartment meets code requirements and is fully permitted.
Keep all communication with your landlord in writing.
Unsafe or illegal rentals can be reported, and you have legal rights as a tenant.

Being informed helps you protect your housing and safety.

Need Help? Resources for Renters

Rhode Island District Court – Landlord and Tenant Section: For rental disputes and court forms.
City/Town Minimum Housing Code Enforcement Offices Directory: Report unsafe housing or code violations.
Rhode Island Judiciary District Court Forms: Official forms for tenant and landlord actions.
RIHousing – Renters Help: Assistance finding resources or reporting concerns.