Rhode Island Complaint - Lessor Failure to Return Security Deposit

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Multi-State
Control #:
US-01622
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Rhode Island is a somewhat landlord-friendly state because there are few rent control laws.

If the landlord fails to return the deposit within the 20-day period or if you disagree with the amount s/he has withheld for damages or rent, you can sue the landlord in Small Claims Court.

Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

There is no rent control in Rhode Island, so a landlord is free to set the rent at whatever s/he decides. You and the landlord can agree on the date that rent will be paid. If your rent is more than 15 days late, you can be evicted for non-payment and the landlord can use a quick court proceeding.

You can file a civil complaint with the Magisterial District Court and sue the landlord for double the amount of the security deposit (including interest, if applicable). The landlord will not be able to file a counterclaim for damages.

Pursuant to RI law, to evict a month-to-month tenant, a landlord must send a 30 day notice to terminate the month to month tenancy. When the 30 day time period expires, then the landlord or the landlord's Rhode Island eviction lawyer may file a complaint for eviction in Providence District Court.

HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.

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Rhode Island Complaint - Lessor Failure to Return Security Deposit