Rhode Island Deceased Tenant Estate and Landlord Coordination Packet
RHODE ISLAND DECEASED TENANT ESTATE AND LANDLORD COORDINATION PACKET
Before use: R.I. Gen. Laws § 34-18-38(d) provides a limited post-death rental grace period for a resident who is at least 18, or the deceased tenant's live-in caregiver, when no other lease signatory lives in the dwelling. It does not appoint a resident as estate representative or authorize disposal of the deceased tenant's belongings. A resident need not elect to continue, but one who remains more than seven days after death is presumed to have elected. Check the lease and all occupants before sending these forms.
Eligibility and contact record
| Item | Fact and supporting record |
|---|---|
| Deceased tenant, date of death and lease term | [NAME / DATE / LEASE] |
| Remaining living lease signatory in the dwelling | [NAME / NONE / EVIDENCE] |
| Resident or live-in caregiver, age and occupancy evidence | [NAME / AGE / DOCUMENT] |
| Other eligible resident who may elect | [NAME / CONTACT / ELECTION] |
| Death date, seventh day, lease end and default three-month limit | [DATES / CALCULATION] |
| Probate-appointed estate representative, if any | [NAME / COURT / APPOINTMENT] |
A. Resident's post-death grace-period election and access notice
Date: [__/__/____] To landlord: [NAME / ADDRESS] Dwelling: [ADDRESS]
[DECEASED TENANT NAME] died on [DATE]. I am [NAME], age [AGE], and I lived in the dwelling at the time of death as ☐ the live-in caregiver ☐ another resident. My supporting occupancy records are [DOCUMENTS / DATES]. I understand there was no other living lease signatory residing in the dwelling: [BASIS / NEEDS REVIEW].
I ☐ elect to continue the rental agreement under R.I. Gen. Laws § 34-18-38(d) for the post-death rental grace period ☐ notify you that I have remained in the dwelling more than seven days after death and request confirmation of the resulting presumed election ☐ request a meeting to resolve eligibility or occupancy facts. I request a grace period through [DATE], calculated as the earlier of three months after death or the existing lease end, unless I choose a shorter period or we sign a longer mutual agreement. My chosen shorter end date, if any, is [DATE / NONE].
For the period I elect or am presumed to be the grace period temporary tenant, I will pay the lease rent and perform the obligations of the existing rental agreement. Please send the rent ledger and payment instructions to [CONTACT]. This election does not make me liable for the deceased tenant's past-due rent or conduct. I am not claiming appointment to administer the estate or ownership of the deceased tenant's belongings.
Resident signature: ______________________________ Date: [__/__/____] Delivery: [METHOD / DATE]
B. Landlord's eligibility and rent response
Date: [__/__/____] To resident: [NAME / ADDRESS]
I received your notice on [DATE]. The lease identifies [SIGNATORIES], expires [DATE], and states periodic rent of [$ AMOUNT]. My record of the tenant's death and residents is [RECORD]. Your eligibility and residence are ☐ accepted on the present record ☐ disputed because [SPECIFIC RESIDENCE FACTS / DOCUMENTS REQUESTED]. A residence dispute may be presented to the district court under § 34-18-38(d)(2); this response does not decide that dispute by itself.
The ordinary grace period began on the date of death, [DATE]. The earlier of three months after death and the remaining lease end is [DATE]. A shorter resident choice is [DATE / NONE]. A longer period will apply only if we mutually agree in a signed writing: [AGREED DATE / NONE]. Rent for a partial month will be prorated. The payment address and ledger are [ADDRESS / ENCLOSURE].
Other eligible residents who separately elected are [NAMES / NONE]; where multiple residents elect, their obligations during the grace period are joint and several. Past-due rent owed by the deceased tenant remains an estate obligation. No additional security deposit is required from the grace period temporary tenant under § 34-18-38(d)(10).
Landlord signature: ______________________________ Date: [__/__/____] Delivery: [METHOD / DATE]
C. Estate representative's property coordination request
Date: [__/__/____] To landlord and resident: [NAMES / ADDRESSES]
I am [NAME], ☐ court-appointed executor ☐ court-appointed administrator ☐ other claimant whose authority needs review. My authority document is [COURT / CASE / APPOINTMENT / ATTACHMENT]. Please arrange access to identify and collect the deceased tenant's belongings on [DATE / TIME OR REQUESTED OPTIONS]. Please preserve disputed items and record any actual handoff. The resident's grace period concerns occupancy and lease duties; it does not by itself give anyone title to estate property.
Representative signature: ______________________________ Date: [__/__/____]
D. Property handoff and rent/deposit record
Handoff date and place: [DATE / ADDRESS]. Person receiving items and authority: [NAME / DOCUMENT]. Custodian: [NAME].
| Item or group | Condition and evidence | Released or retained |
|---|---|---|
| [ITEM] | [DESCRIPTION / PHOTO] | [RECEIVER / STATUS] |
| [ITEM] | [DESCRIPTION / PHOTO] | [RECEIVER / STATUS] |
Unresolved property or ownership claim: [DETAIL / LOCATION / NEXT STEP]. Keys and possession delivery: [DATE / PERSON / RECEIPT].
| Account item | Evidence and amount |
|---|---|
| Rent during actual grace period, including prorated partial month | [DATES / LEDGER / AMOUNT] |
| Deceased tenant's past-due rent, charged to estate separately | [DATES / LEDGER / AMOUNT] |
| Existing security deposit and documented permitted deductions | [LEDGER / ITEMIZATION / AMOUNT] |
| Actual grace period over one month: net deposit allocated to temporary tenant | [YES / NO / DURATION / AMOUNT] |
| Actual grace period one month or less: net deposit allocated to estate | [YES / NO / DURATION / AMOUNT] |
| § 34-18-19(b) notice, forwarding address and 20-day later-trigger calculation | [TERMINATION / POSSESSION / ADDRESS / DUE DATE] |
The deposit amount and written itemization must follow § 34-18-19(b). Confirm the actual grace-period duration before choosing the statute's deposit payee. A possession receipt or deposit calculation does not transfer title to belongings.
Receiving person signature: ____________________ Landlord signature: ____________________ Date: [__/__/____]
Official sources
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- Rhode Island
- Category
- Landlord & Tenant
Legal authority
- R.I. Gen. Laws § 34-18-38(d)
- R.I. Gen. Laws § 34-18-19(b)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
R.I. Gen. Laws § 34-18-38(d) (checked October 3, 2026): "If a tenant dies during the term of the rental agreement, leaving no remaining signatories to the rental agreement living within the dwelling unit, the deceased’s live-in caregiver or any other person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to continue the rental agreement"
R.I. Gen. Laws § 34-18-38(d)(1) (checked October 3, 2026): "The grace period temporary tenant shall pay the agreed rent set forth in the rental agreement and assume all other obligations of the tenant pursuant to the terms of the existing rental agreement."
R.I. Gen. Laws § 34-18-38(d)(2) (checked October 3, 2026): "If the landlord objects to assigning grace period temporary tenant status by contesting whether the person was, in fact, residing in the unit, such person shall have the burden of proving that they were, in fact, residing in the unit."
R.I. Gen. Laws § 34-18-38(d)(2)(ii) (checked October 3, 2026): "the landlord shall have the right to present evidence to the district court to rebut the claim that the person seeking grace period temporary tenant status does, in fact, reside in the unit."
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