DisputeKit / Rhode Island
How long does a Rhode Island landlord have to return a security deposit?
20 days. Under Rhode Island General Laws § 34-18-19(b), a landlord must return the security deposit due, together with a written notice itemizing any deductions within 20 days. The clock starts when you move out and hand back possession of the unit. The 20 days only start once you have given your landlord a forwarding address. A court may also award the amount due plus damages equal to twice the amount wrongfully withheld, and reasonable attorney's fees, if the landlord does not return the deposit with an itemized notice as required.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 20 days run from the latest of the end of the tenancy, the tenant's delivery of possession, and the tenant giving the landlord a forwarding address for receiving the deposit.
What Rhode Island law says about deductions and your rights
- Deductions are limited to unpaid accrued rent, reasonable cleaning, reasonable trash disposal, and physical damage beyond ordinary wear and tear, all itemized in a written notice.
- A security deposit may not be more than one month's rent, and a lease cannot waive these rules.
- Give the landlord a forwarding address in writing; the 20-day clock does not start until you do.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Rhode Island is $5,000 in the small claims part of District Court, not counting interest and costs, and the filing fee is About $55 to file on paper (electronic filing costs more), plus the cost of serving the defendant.
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. The 20 days only start once you have given your landlord a forwarding address
- Count 20 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Rhode Island?
The clock starts when you move out and hand back possession of the unit. The 20 days only start once you have given your landlord a forwarding address.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Rhode Island law allows a court to award the amount due plus damages equal to twice the amount wrongfully withheld, and reasonable attorney's fees, if the landlord does not return the deposit with an itemized notice as required. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Rhode Island is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.