RESIDENTIAL LEASE AGREEMENT
(Rhode Island – Comprehensive Template)
[// GUIDANCE: This template is drafted for use with residential, non-commercial tenancies located in the State of Rhode Island. It is designed to comply with the Rhode Island Residential Landlord and Tenant Act (“RIRLTA”), R.I. Gen. Laws § 34-18-1 et seq., including the State’s unique rules on security deposits (§ 34-18-19) and habitability (§ 34-18-22). Practitioners should confirm no local ordinances (e.g., City of Providence) impose stricter requirements.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
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Title and Parties.
This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. [LANDLORD LEGAL NAME], a [ENTITY TYPE] having a mailing address of [LANDLORD ADDRESS] (“Landlord”); and
b. [TENANT LEGAL NAME(S)], collectively and severally, having a mailing address of [TENANT ADDRESS] (“Tenant”). -
Recitals.
A. Landlord is the fee simple owner, or duly authorized agent of the owner, of the real property and improvements located at [PREMISES STREET ADDRESS, CITY, RI ZIP] (the “Premises”).
B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord, upon the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
II. DEFINITIONS
The following capitalized terms shall have the meanings set forth below (terms appearing in other Sections are cross-referenced accordingly):
“Applicable Law” – collectively, (i) the Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws § 34-18-1 et seq.; (ii) all federal, state, and local statutes, regulations, building codes, and ordinances governing residential tenancies in Rhode Island; and (iii) any judicial or administrative orders issued thereunder.
“Commencement Date” – [DATE ON WHICH POSSESSION COMMENCES].
“Expiration Date” – [ENDING DATE], subject to earlier termination as provided herein.
“Lease Term” – the period beginning on the Commencement Date and ending on the Expiration Date.
“Monthly Rent” – the fixed rent of $[AMOUNT] due on or before the Rent Due Date each calendar month.
“Rent Due Date” – the [1st/__/LAST] day of each calendar month during the Lease Term.
“Security Deposit” – the sum of $[AMOUNT – NOT TO EXCEED ONE (1) MONTH’S RENT PER R.I. GEN. LAWS § 34-18-19].
“State Housing Court” – the Rhode Island Housing Court (or any successor court of competent jurisdiction).
Unless otherwise indicated, words of any gender include all genders, and words in the singular include the plural and vice versa.
III. OPERATIVE PROVISIONS
3.1 Lease of Premises.
Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Lease Term.
3.2 Rent; Method of Payment.
a. Tenant shall pay the Monthly Rent, in lawful U.S. funds, without deduction or set-off, on or before each Rent Due Date to [PAYEE NAME] at [PAYMENT ADDRESS] or via [ELECTRONIC PLATFORM], as Landlord may designate in writing.
b. If Rent remains unpaid five (5) calendar days after the Rent Due Date, Tenant shall owe a late charge of $[LATE FEE] plus interest at [__]% per annum from the Rent Due Date until paid.
3.3 Security Deposit.
a. Upon execution, Tenant shall deliver the Security Deposit to Landlord. The Security Deposit shall be held and disbursed strictly in accordance with R.I. Gen. Laws § 34-18-19.
b. Landlord shall return the unused portion of the Security Deposit, with an itemized statement of any lawful deductions, within twenty (20) days after Tenant surrenders possession of the Premises and provides a forwarding address.
c. The Security Deposit shall not be deemed an advance payment of Rent and may not be applied by Tenant to any Monthly Rent due.
3.4 Utilities and Services.
Tenant shall timely pay all charges for [LIST UTILITIES], unless expressly provided otherwise herein. Landlord shall provide and maintain in good working order all facilities and services required by Applicable Law.
3.5 Occupancy Limits & Permitted Use.
a. The Premises shall be occupied solely as a private residence by no more than [MAXIMUM OCCUPANTS] lawful occupants.
b. No business, commercial, or illegal use shall be conducted on or from the Premises.
3.6 Condition Precedent – Delivery of Filters, Keys, & Disclosures.
Landlord’s obligation to deliver possession is conditioned upon Tenant’s execution of (i) any required lead-based paint disclosures (for housing built prior to 1978), and (ii) the “Information for Tenants” notice required by RIRLTA § 34-18-20(b).
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations.
a. Authority. Landlord is duly authorized to enter into and perform this Agreement.
b. Habitability. On the Commencement Date the Premises will be delivered in a clean, safe, and habitable condition in material compliance with Applicable Law, including R.I. Gen. Laws § 34-18-22.
4.2 Tenant’s Representations.
a. Accuracy of Application. All information provided by Tenant in any rental application is true, complete, and correct.
b. Legal Use. Tenant will use the Premises only for lawful purposes and will comply with all Applicable Law.
4.3 Survival. The representations and warranties in this Article IV shall survive termination or expiration of the Lease Term to the extent necessary to enforce the same.
V. COVENANTS & RESTRICTIONS
5.1 Tenant’s Affirmative Covenants.
a. Rent Payment. Pay all Rent and other charges when due.
b. Maintenance. Keep the Premises clean, sanitary, and free from conditions that may create a fire or health hazard; promptly notify Landlord of any condition requiring repair.
c. Insurance. Maintain renter’s liability insurance with minimum limits of $[LIMIT] per occurrence, naming Landlord as an additional insured.
d. Access. Permit Landlord reasonable access upon at least forty-eight (48) hours’ notice, or as otherwise permitted under Applicable Law, for inspection, repairs, or to show the Premises to prospective purchasers or tenants.
5.2 Tenant’s Negative Covenants.
a. No Alterations. Make no structural or material alterations without Landlord’s prior written consent.
b. No Pets [OR EXCEPT AS FOLLOWS: ____], except as permitted by law for service or assistance animals.
c. No Assignment/Sublet. Tenant shall not assign this Agreement nor sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
d. Prohibited Conduct. No nuisance, waste, illegal activity, or violation of HOA or condominium rules (if applicable).
5.3 Landlord’s Covenants.
a. Repairs. Make all repairs and do whatever is necessary to keep the Premises in a fit and habitable condition, as required by R.I. Gen. Laws § 34-18-22.
b. Quiet Enjoyment. Warrant quiet enjoyment against all lawful interference.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
The following constitute “Events of Default”:
a. Non-payment of Rent not cured within five (5) calendar days after Landlord provides written demand.
b. Material non-compliance with this Agreement or Applicable Law not cured within twenty (20) calendar days after notice.
c. Abandonment (absence for ≥30 days while rent unpaid and Premises unoccupied).
d. Filing of a petition in bankruptcy by Tenant.
6.2 Notice & Cure.
All default notices shall comply with Applicable Law and specify the nature of default and cure period.
6.3 Landlord’s Remedies.
Subject to Applicable Law, upon an Event of Default Landlord may:
a. Terminate this Agreement by written notice;
b. Seek summary eviction in State Housing Court, injunctive relief, and/or repossession;
c. Recover unpaid Rent through judgment;
d. Recover reasonable attorney fees and costs where awarded by the Court or this Agreement;
e. Offset damages against the Security Deposit.
6.4 Cumulative Rights.
Remedies are cumulative and not exclusive except as prohibited by Applicable Law.
VII. RISK ALLOCATION
7.1 Indemnification by Tenant.
Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees (collectively, “Indemnitees”) from and against any claims, liabilities, damages, or expenses (including reasonable attorney fees) arising out of (i) Tenant’s use or occupancy of the Premises, (ii) breach of this Agreement, or (iii) the acts or omissions of Tenant, occupants, or guests, except to the extent caused by the gross negligence or willful misconduct of an Indemnitee.
7.2 Limitation of Landlord Liability.
Except for Landlord’s willful misconduct or non-compliance with Applicable Law, Landlord’s liability for property damage or loss sustained by Tenant or Tenant’s invitees shall be limited to the amount of the Security Deposit. Nothing herein shall be construed to waive or limit Landlord’s liability for personal injuries where such waiver is prohibited by law.
7.3 Force Majeure.
Landlord shall not be liable for failure to perform due to events beyond its reasonable control, including acts of God, governmental orders, civil unrest, or labor disputes, provided Landlord acts with commercially reasonable diligence to resume performance.
VIII. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Rhode Island, without regard to its conflict-of-laws principles.
8.2 Forum Selection.
The parties consent to exclusive jurisdiction and venue in the State Housing Court for all actions arising under or relating to this Agreement, subject to any mandatory small-claims jurisdiction.
8.3 Arbitration Excluded.
The parties expressly agree that disputes shall not be submitted to binding arbitration unless mutually agreed in a separate, later-executed agreement.
8.4 Jury Trial.
Each party acknowledges its constitutional right to a trial by jury. Nothing in this Agreement constitutes a waiver of that right.
8.5 Injunctive Relief.
Landlord may seek temporary, preliminary, and permanent injunctive relief in addition to summary eviction where such relief is necessary to protect Landlord’s interest in the Premises.
IX. GENERAL PROVISIONS
9.1 Amendments; Waivers.
No amendment or waiver of any provision shall be effective unless in a written instrument signed by both parties. A waiver on one occasion shall not be deemed a waiver on any other occasion.
9.2 Assignment & Successors.
Subject to Section 5.2(c), this Agreement shall bind and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.3 Severability.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be interpreted to fulfill its intended economic purpose to the maximum extent permitted by law.
9.4 Entire Agreement.
This Agreement (including any attached addenda and disclosures) constitutes the entire agreement between the parties and supersedes all prior understandings.
9.5 Counterparts; Electronic Signature.
This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals for all purposes.
9.6 Notices.
All notices shall be in writing and deemed given when (i) delivered in person, (ii) sent by certified U.S. mail, return receipt requested, postage prepaid, or (iii) delivered by nationally recognized overnight courier, to the addresses set forth in the Document Header or as subsequently designated.
[// GUIDANCE: Practitioners may wish to add a “Text/Email Notice” clause but should confirm RIRLTA compliance.]
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: _____
Name/Title: ____
Date: __________
TENANT(S):
1. _____
[TENANT NAME] – Date: _______
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[TENANT NAME] – Date: ____
(Notary acknowledgment if desired or required)
[// GUIDANCE: Rhode Island law does not mandate notarization of residential leases; however, notarization can enhance evidentiary reliability. If lease term exceeds one (1) year and recordation is contemplated, notarization will be required for recording with the municipal land evidence records.]
OPTIONAL ADDENDA (Attach as Applicable)
• Lead-Based Paint Disclosure (for pre-1978 housing)
• Pet Addendum
• Smoking Policy Addendum
• Rules & Regulations
• Move-In/Move-Out Condition Checklist
[// GUIDANCE: Always attach a move-in condition checklist; failure to do so may limit deductions from the Security Deposit under § 34-18-19(c).]
END OF DOCUMENT