The Rhode Island Association of REALTORS helped to defeat “just cause” legislation (S0212.pdf  5503) that would have abolished a landlord’s existing right to terminate any of the following for any reason:  a month-to-month tenancy; a tenancy after a lease expires; or an unwritten rental agreement. 

If this legislation had passed, it would have prevented landlords from evicting tenants unless the landlord could document that the eviction is for an acceptable purpose as defined in the legislation, including, but not limited, to:

• Non-payment of rent - but only if a judge determines that the landlord has not “unreasonably” increased the rent.  If the landlord raised the rent by more than 4% per year or by 1.5 times the annual percentage change in the consumer price index, it is a rebuttable presumption that the rent is unreasonable.
• Substantial violation of the terms of the rental agreement
• Use of the property for illegal activity.
• Unreasonable refusal to allow the landlord to enter the unit to make repairs or show it.

Condominium conversion is not listed as an allowable reason. 

Currently, landlords may terminate a tenancy to move into a rental unit or have a family member do so.  This legislation would allow a landlord in a building with 12 or fewer units to terminate a tenancy in only one unit after proving to a judge that there are no other suitable units in the building that the landlord or spouse, parents, parents-in-law, or children could use as a principal residence.  Even if the landlord met that burden of proof, the legislation would prohibit the landlord from evicting a tenant who is disabled or 62 or older.

In a rental with less than five units, the landlord could terminate tenancies in multiple units to use the rental for the landlord’s own residence.

If the landlord falsely claims that the unit is needed for a principal residence, the tenant can file suit for injunctive relief, damages and reasonable attorney’s fees.

This legislation did not pass but it will likely be refiled. For now, landlords may continue to terminate month-to-month tenancies for any reason with 30 days’ notice, as well as unwritten rental agreements, and leases.

For information about RIAR’s lobbying activities or how to become involved, contact the RIAR Government Affairs Department at [email protected].

REALTORS®: for more information about landlord tenant laws, contact the RIAR Legal Department at [email protected].