Establishing Tenant/Landlord Relationships

A rental agreement is defined as a written or oral agreement, containing valid rules and regulations, as well as any terms required by law concerning the use and occupancy of a dwelling unit and premises.

Important Facts

  • The only condition that is required to establish a landlord-tenant relationship between two people is that one person pays for the use of living space that belongs to the other person.
  • It is recommended all agreements to rent be written.
  • In addition to annual leases, month-to-month agreements provide a less secure means of renting for these reasons:
    • Your landlord needs to give you only 30 days' notice to vacate.
    • Your landlord can raise your rent periodically.
    • However, a month-to-month rental agreement may suit your needs best when you need a place for just the summer or just the academic year.
  • A longer-term agreement, also called a lease, provides you with the security of:
    • A fixed amount of rent during the period covered by the lease.
    • A permanent, legally-binding record of the terms and responsibilities of the agreement.
    • A safeguard against eviction, unless you violate the agreement.

An agreement to rent may include any term or condition not prohibited by law. Read your lease carefully to ensure that it does not contain terms or conditions which are unacceptable to you. Once a lease is signed, you are legally bound by it. Review the State of Rhode Island Landlord/Tenant Handbook* to help guide you through the leasing process. This handbook is designed to be used as a general reference guide concerning landlord-tenant relationships and responsibilities based on the Rhode Island General Law (RIGL) Chapter 34-18, entitled the "Residential Landlord-Tenant Act". 

*Note: The copy of this handbook is subject to changes/updates made by The Statewide Planning Program of Rhode Island, which created this handbook. If you have any questions regarding this handbook, please contact Darlene Price at (401) 222-4892 or e-mail her at darlene.price@doa.ri.gov.

Reading and Signing Leases

It is very important that you read your lease and understand what it requires of you before you sign it. Be sure that you, and any roommates also signing the lease, understand everything that the conditions of the lease will require of you. If in doubt about what a term or condition in your lease means, ask:

  • The landlord/rental agent to clearly explain it.
  • One of the resources listed in the appendix to this guide that provides advice on leases.

A lease, which is a written rental agreement, should clearly state all the terms and conditions that apply to the tenant(s) who will occupy the living unit being rented. A lease should contain the following:

  • The names of all tenants (also called “lessees”)
  • The name, telephone number and address of the landlord (lessor)
  • The address of the living unit being rented and a description
  • The rental term: the period for which the living unit is being rented, including the dates of commencement and termination
  • The rental rate: how much rent is paid per month, including when, where, and to whom it is paid
  • The dollar amount of the security deposit, including the conditions for refunding it as regulated by R.I. law
  • Who is responsible for paying the utilities
  • Who is responsible for paying for repairs and maintenance
  • A current list of the appliances and any furnishings provided
  • Whether subletting is allowed, and under what terms and conditions
  • Under what conditions, and with how much prior notice, the landlord may enter the living unit
  • Pet clauses
  • Trash and snow removal and recycling requirements
  • If parking is included in rental agreement, or if it is available separately

Inspect Before You Sign

Before signing a lease, it is extremely wise to fully inspect the apartment, preferably with the landlord or rental agent present.

Before finalizing your decision to rent, and prior to moving in, you should perform an inspection to note any deficiencies for which you do not want to be held liable or you wish repaired by the landlord. In the Appendices section, there is an apartment checklist. If, after inspecting the apartment, the landlord does not consent, in writing, to make any necessary repairs you request by a specified date, it would be wise to reconsider renting the apartment.

Group Rentals

Be sure each tenant signs the lease.

Each person who signs a lease remains responsible for abiding by its terms and conditions, regardless of whether they still lives in the apartment/house.

If your lease states that tenants have “joint and severable liability,” then it permits the landlord to take legal action against each tenant separately or against them jointly, if they do not comply with the conditions and terms of the lease. In other words, if you and your two roommates have “joint and severable liability,” and one of you moves out three months before the lease is up and doesn’t pay his/her share of the rent for those months, the landlord may take action to hold each one of you individually responsible for that rent, or to hold any two or more of you as a group is responsible.