How Does a Landlord in Rhode Island Break a Lease?
Full Question:
Answer:
Generally, a landlord may terminate a lease early according to the lease terms or if the tenant breaches the lease. Otherwise, an early termination of a lease is a matter of private negotiation and the other party will typically want some form of compensation for the lease termination.
Please see the following RI statutes to determine applicability:
§ 34-18-24. Tenant to maintain dwelling unit. —
A tenant shall:
(1) Comply with all obligations primarily imposed upon tenants
by applicable provisions of building and housing codes materially
affecting health and safety;
(2) Keep that part of the premises that he or she occupies and
uses as clean and safe as the condition of the premises permit;
(3) Dispose from his or her dwelling unit all ashes, garbage,
rubbish, and other waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by
the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, in the premises;
(6) Not deliberately or negligently destroy, deface, damage,
impair, or remove any part of the premises or knowingly permit any
person to do so;
(7) Conduct himself or herself, and require other persons on
the premises with his or her consent to conduct themselves, in a
manner that will not disturb his or her neighbors' peaceful
enjoyment of the premises;
(8) Refrain from using any part of the premises in a manner
such as would constitute the maintaining of a narcotics nuisance
under the provisions of § 21-28-4.06;
(9) Refrain from using any part of the premises or any public
property adjacent thereto for the manufacture, sale, or delivery
of a controlled substance or from possessing on the premises or
any public property adjacent thereto with the intent to
manufacture, sell, or deliver a controlled substance classified in
schedule I or schedule II of chapter 28 of title 21; and
(10) Refrain from any crime of violence on the premises or on
any public property adjacent to said premises. A "crime of
violence" means and includes any of the following crimes or an
attempt to commit any of the following crimes; murder,
manslaughter, arson, rape, sexual assault, mayhem, kidnapping,
assault with a dangerous weapon, assault or battery involving
grave bodily injury, and a felony assault with intent to commit
any offense.
§ 34-18-35. Eviction for nonpayment of rent. —
(a) If any part of the stipulated rent is due and in
arrears for fifteen (15) days, the landlord shall send a
written notice, in a form substantially similar to that
provided in § 34-18-56(a), specifying the amount of the
rent which is fifteen (15) days in arrears, making demand for
the rent, and notifying the tenant that unless he or she
cures the breach within five (5) days of the date of mailing
of the notice, the rental agreement shall terminate, and the
landlord shall commence an eviction action in the appropriate
district court or housing court.
(b) If the tenant fails to cure his or her breach by paying the
stipulated rent in arrears within five (5) days of the date of
mailing of the notice, the landlord may commence an eviction
action against the tenant, which shall be filed no earlier than
the sixth (6th) day after mailing of the written demand notice.
The action shall be commenced by filing a "Complaint for Eviction
for Nonpayment of Rent" in the appropriate court in the form
provided in § 34-18-56(d).
(c) The summons for eviction for nonpayment of rent shall
specify the date for hearing and be in the form provided in
§ 34-18-56(g). The summons shall specify that the defendant may file
and serve his or her answer prior to or at the time of hearing,
and that if he or she fails to answer or appear at the hearing, he
or she shall be defaulted.
(d) If the defendant files his or her answer and commences
discovery prior to the hearing, and it appears, for good cause
shown, that the defendant will not be able to conduct his or her
defense without the benefit of discovery, the court may continue
the hearing to allow a reasonable time for the completion of
discovery. In the case of such a continuance, the court may, in
its discretion, order interim rent, or other remedy, to be paid to
preserve the status quo pending hearing. Except as provided in
this chapter, the landlord may recover possession and actual
damages. In cases where the tenant had received a demand notice
pursuant to subsection (a) within the six (6) months immediately
preceding the filing of the action, and the tenant's nonpayment
was willful, the landlord may also recover a reasonable attorney's
fee.
(e) The tenant shall have the right to cure his or her failure
to pay rent by tendering the full amount of rent prior to
commencement of suit. If the tenant has not received a notice
pursuant to subsection (a) of this section within the six (6)
months immediately preceding the filing of the action, the tenant
shall have the right to cure his or her failure to pay rent after
commencement of suit by tendering the full amount of rent in
arrears, together with court costs, at the time of hearing.
§ 34-18-36. Eviction for noncompliance with rental agreement. —
(a) Except as provided in this chapter, if there is a
material noncompliance by the tenant with the rental
agreement or a non-compliance with § 34-18-24 materially
affecting health and safety, the landlord shall deliver a
written demand notice to the tenant, in a form
substantially similar to that provided in § 34-18-56(b),
specifying:
(1) The acts and/or omissions constituting the breach of
the rental agreement or of § 34-18-24;
(2) The acts, repairs, or payment of damages, which are
necessary to remedy the breach; and
(3) That unless the breach is remedied within twenty
(20) days of mailing of the notice the rental agreement
shall terminate upon a specified date, which shall not be
less than twenty-one (21) days after the mailing of the
notice.
(b) Unless it is a violation of § 34-18-24(8), (9), or
(10), if the tenant adequately remedies the breach before
the date specified in the notice, the rental agreement
shall not terminate. If the breach is not remedied, the
landlord may commence an eviction action, which shall be
filed no earlier than the first day following the
termination date specified in the written demand notice.
The action shall be initiated by filing a "Complaint for
Eviction for Reason Other Than for Nonpayment of Rent" in
the appropriate court according to the form
in § 34-18-56(e).
(c) The summons shall be in the form provided
in § 34-18-56(h) and shall specify that the tenant has
twenty (20) days from the date of service in which to file
his or her answer to the complaint, and that if he or she
fails to file his or her answer within that time, he or she
will be defaulted. The matter may be assigned for hearing
in accordance with the rules of procedure of the
appropriate court.
(d) Except as provided in this chapter, the landlord may
recover possession, actual damages and obtain injunctive
relief for noncompliance by the tenant with the rental
agreement or § 34-18-24. If the tenant's noncompliance is
willful, the landlord may recover reasonable attorney's
fees.
(e) If substantially the same act or omission which
constituted a prior noncompliance, of which good faith
notice was given, recurs within six (6) months, the
landlord may terminate the rental agreement upon at least
twenty (20) days' written notice, specifying the breach and
the date of termination of the rental agreement. No
allowance of time to remedy noncompliance shall be
required.
(f) If the tenant has violated § 34-18-24(8), (9), or (10),
or if the tenant (i) is a seasonal tenant occupying the
premises pursuant to a written lease agreement which
commences no earlier than May 1st of the occupation year
and expires no later than October 15th of the
occupation year, or commences no earlier than September 1st
and expires no later than June 1st of the next
subsequent year, with no right of renewal or extension
beyond the above dates; and (ii) has been charged with
violating a municipal ordinance or has otherwise violated
the terms of the rental agreement pertaining to legal
occupancy or excessive noise or other disturbance of the
peace, the landlord shall not be required to send a notice
of noncompliance to the tenant and may immediately file a
complaint for eviction in a form substantially similar to
that provided in § 34-18-56(e) and seek the relief set
forth in subsection (d).
§ 34-18-39. Failure to maintain. —
If there is noncompliance by tenant with § 34-18-24
materially affecting health and safety that can be remedied
by repair, replacement of a damaged item, or cleaning, and
the tenant fails to comply as promptly as conditions require
in case of emergency or within twenty (20) days after
written notice by the landlord specifying the breach and
requesting that the tenant remedy it within that period of time,
the landlord may enter the dwelling unit and cause the work to be
done in a skilled manner and submit the itemized bill for the
actual and reasonable cost or the fair and reasonable value
thereof as rent on the next date periodic rent is due, or if the
rental agreement has terminated, for immediate payment.
