Rhode Island Rules for Security and Damage Deposits

Understanding how security deposits and so-called "damage deposits" are treated in Rhode Island is crucial for renters. This article breaks down the differences, current legal protections for renters, and what to expect when your tenancy ends. Whether you’re signing a new lease or moving out, Rhode Island law has specific rules about deposit collection, handling, and return.

What Is a Security Deposit in Rhode Island?

A security deposit is money paid to your landlord as financial protection in case you damage the unit or fail to pay rent. In Rhode Island, there is only one type of deposit allowed: the security deposit. According to state law, landlords cannot require separate “damage deposits” in addition to the regular security deposit.

• Security deposits are capped at one month’s rent.
• Deposits must be returned to the tenant within 20 days after the lease ends and the keys are returned, minus any allowable deductions.
• Landlords must provide an itemized list if they keep any amount for repairs or cleaning beyond normal wear and tear.

Is a Damage Deposit Allowed?

No. Under Rhode Island law, landlords cannot collect a separate damage deposit. All deposits (for damage, cleaning, key replacement, etc.) must be included within the one-month security deposit limit. If your landlord requests extra deposits, you can reference the law to protect your rights.

Deposit Deductions: What’s Allowed?

When you move out, your landlord can only deduct from your security deposit for:

• Unpaid rent
• Unpaid bills due under the lease (like utility charges)
• Repairing damage beyond normal wear and tear

Normal wear and tear means deterioration that happens without your fault or negligence—like minor carpet fading or loose handles. Ask your landlord for the itemized deduction list if any money is withheld.

How to Get Your Security Deposit Back

To increase your chances of a full refund, consider these steps:

• Give your landlord proper written notice ahead of moving out, as required in your lease.
• Do a walk-through with your landlord and take dated photos of the unit’s condition.
• Provide your landlord with a forwarding address in writing.

What If Your Deposit Isn’t Returned?

If your landlord does not return your deposit or provide an itemized list of deductions within 20 days, you can take legal action. Rhode Island renters can file a claim in the appropriate tribunal or small claims court. The main tribunal for landlord-tenant disputes is the Rhode Island District Court.

Relevant Official Forms

• Statement of Security Deposit Return (no state-issued form):
  Landlords must provide their own written itemized statement to the tenant when deducting any part of the deposit. As a renter, request this if it is not provided.
• Small Claims Complaint Form (RI District Court):
  Used if you want to sue your landlord for failing to return your deposit. Download the Small Claims Complaint Form and follow the instructions for filing in District Court.

The main law governing these rights is the Rhode Island Residential Landlord and Tenant Act.

FAQ: Security Deposit and Damage Deposit Rules in Rhode Island

1. Can my landlord ask for more than one month’s rent as a deposit?
   No. Rhode Island law limits security deposits to one month’s rent.
2. How long does my landlord have to return my deposit?
   Your landlord must return the deposit within 20 days after you move out and return the keys.
3. What can my security deposit be used for?
   It can be used for unpaid rent, unpaid bills due under your lease, and damages beyond normal wear and tear.
4. Is there an official form for requesting my deposit back?
   No state form is required. It’s best to make your request in writing and keep a copy for your records.
5. Where do I file a complaint if my deposit isn’t returned?
   You can file a claim in Rhode Island District Court using their official small claims process.

Key Takeaways for Renters

• Rhode Island allows only a single security deposit, capped at one month’s rent.
• Landlords cannot require “damage deposits” or any separate deposit outside the legal limit.
• Security deposits must be returned within 20 days, or you may pursue legal action in District Court.

Knowing your rights helps ensure your money is protected and gives you confidence dealing with your landlord.

Need Help? Resources for Renters

• Rhode Island District Court – Landlord-Tenant Information
• Rhode Island Housing – Renters Resources
• Rhode Island Attorney General: Tenant Rights
• Rhode Island Residential Landlord and Tenant Act (Full Text)

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1. Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws § 34-18-19
2. Rhode Island District Court – Official Portal
3. Rhode Island District Court Forms – Small Claims

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