Rhode Island Security Deposit Laws
In Rhode Island, security deposits are allowed by law and capped at the amount of one month’s rent.
Written by Annette Maxon
Reviewed by Melanie Reiff
In
Rhode Island
, landlords can require security deposits equal to one month’s rent and furniture security deposits for furnished units. However, state law requires that the deposit be returned to tenants within 20 days of a lease’s termination.Security deposits are generally considered to be a headache—they’re a big expense upfront, and getting them back can be a hassle.
Interestingly, laws about security deposits are not uniform across the country. Instead, they vary from state to state, which makes it important that you know your state’s specifics and are familiar with your rights as a renter.
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What is Rhode Island law on security deposits?
Security deposits are perfectly legal in Rhode Island. However, state law does place restrictions on the amount that can be charged.
Additionally, when your lease is up, the landlord is obligated to return the entire security deposit to you within 20 days unless you’ve broken your contract.
For those who prefer the hassle-free convenience of furnished apartments, be prepared to pay an additional furniture security deposit in this state. This extra deposit covers the cost of furniture in the unit and guarantees the landlord enough funds to repair or replace any damaged furniture.
However, the combined value of furniture in the unit must be $5,000 or more. Furniture valued at less than $5,000 is not applicable for a furniture security deposit.
What is the maximum security deposit a landlord can charge in Oregon?
Landlords cannot legally charge more than one month’s rent for security deposits. This is stated in R.I. Gen. Law § 34-18-19, which states that not only are landlords prohibited from requesting this amount from tenants, but they are also
prohibited
from receiving money towards a security deposit that is more than one month’s rent.For furniture security deposits, the landlord can charge up to one month’s rent.
MORE: How to find the best renters insurance
How long does a landlord have to return a security deposit in Rhode Island?
Once your lease has come to an end, your landlord must return your security deposit within 20 days. This timeline allows the landlord to assess the unit for damages before returning your money.
You can expect to receive your security or furniture deposit within this timeframe if:
- You have provided your landlord with a forwarding address where you can receive your money back
- You have returned your keys to your landlord and removed all furniture from the rental unit—this may happen before your lease’s official end date
What can a landlord withhold a security deposit for in Rhode Island?
Rhode Island law allows landlords to withhold some or all of your security deposit if you’ve damaged property in the rental unit or otherwise breached your contract.
A landlord can withhold:
- The amount needed to repair or replace items damaged beyond normal wear and tear
- The amount needed (if any) to cover reasonable cleaning expenses
- The amount needed to cover extra trash disposal expenses
- Any other amount to cover charges agreed upon in the rental lease
Notice the phrasing “beyond normal wear and tear.” This means that the landlord cannot withhold part of your security deposit unless you’ve done damage exceeding what is reasonably expected to occur with normal use of appliances and furniture.
That may leave you wondering what, exactly, counts as normal wear and tear. There is no one-size-fits-all approach. In general, damage caused by irresponsible use or neglect is beyond normal wear and tear.
However, if your landlord does cite unnecessary damages as the reason for withholding your security deposit, they must submit and deliver to the tenant an itemized list of the tenant's damages as per state law § 34-18-24.
Key Takeaway Normal wear and tear is not a legally sufficient reason for your landlord to withhold your security deposit.
How to get your security deposit back in Rhode Island
If it’s been 20 days since you moved out of your old apartment and you’re still waiting on your security deposit, there are a few things you can do.
Start by contacting your landlord to ask them about your security deposit. The situation could be as simple as the landlord forgetting to drop off the envelope at the post office.
In the case that your landlord refuses to return your deposit, seek legal remediation. Rhode Island law requires non-compliant landlords to return the entire security deposit plus double the amount and to pay for your attorney fees.
How to save money on car and renters insurance in Rhode Island
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FAQs
Can I use my security deposit as the last month’s rent in Rhode Island?
Rhode Island state law does not prohibit you from using your security deposit as the last month’s rent.
What’s more, state law defines a security deposit as the “last month’s rent.” If you wish, you can use your deposit to cover your final rent payment.
If you’re uncertain, however, simply contact your landlord to discuss the options.
Can a landlord charge for carpet cleaning in Rhode Island?
Yes, your landlord can charge you for carpet cleaning. However, this only applies if the damages done to your carpet exceed general wear and tear.
The cost to cover carpet cleaning can be taken out of your security deposit under R.I. Gen. Laws § 34-18-19.
How long does a landlord have to return a security deposit in Rhode Island?
State law requires that all security and furniture deposits be returned to the renter within 20 days of the lease ending. The landlord risks serious penalties for withholding security deposits longer than necessary.
This is why it is important to keep handy any receipts and documentation of when your lease ends and when the security deposit is due back.
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