§ 34-18-15. Terms and conditions of rental agreement.
(a) A landlord and a tenant may include in a rental agreement terms and conditions not
prohibited by this chapter or other rule of law, including rent, term of the agreement,
and other provisions governing the rights and obligations of the parties.
(1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall
disclose those fees in the same section as the rent disclosure and shall indicate
that additional fees may apply. This requirement does not apply whenever the tenant
or unit are receiving state or federal subsidies that require a different lease format.
(2) If there is no written lease, the landlord shall provide to the tenant, in writing,
a list of all fees beyond the rent that apply to the rental of the unit. Any change
in required fees must be disclosed in writing at least thirty (30) days prior to the
change becoming effective.
(3) In any lease agreement the landlord shall disclose which utility costs are included
in the rent and which utility costs are the tenant's responsibility. If there is no
written lease, the landlord shall provide this information to the tenant in writing.
(4) If a tenant is required to obtain renters insurance, this requirement must be stated
in the lease or if there is no written lease the landlord shall provide this information
to the tenant in writing.
(5) If a landlord fails to comply with subsections (a)(1) — (a)(4) of this section, the
tenant may recover any fees paid for the unit that were not disclosed as required.
(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the
use and occupancy of the dwelling unit.
(c) Rent is payable without demand or notice at the time and place agreed upon by the
parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic
rent is payable at the beginning of any term of one month or less and otherwise in
equal monthly installments at the beginning of each month. Unless otherwise agreed,
rent is uniformly apportionable from day-to-day.
(d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in
case of a roomer who pays weekly rent, and in all other cases month to month.
(e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five
(65) during the term of a rental agreement for a dwelling unit may terminate such
a rental agreement in order to enter a residential care and assisted living facility,
as defined in §â€‚23-17.4-2, a nursing facility, or a unit in a private or public housing complex designated
by the federal government as housing for the elderly. The tenant may terminate the
rental agreement by notice given in writing to the usual person to whom rental payments
are made. The notice shall be accompanied by documentation of admission or pending
admission to a facility or housing complex described in this section. Termination
of the rental agreement shall be effective no earlier than forty-five (45) days after
the first rental payment due date following delivery of written notice of termination.
(f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a
servicemember's dependents may be unilaterally terminated if:
(i) The lease is executed by or on behalf of a person who, thereafter, and during the
term of the lease, enters military service; or
(ii) The servicemember, while in military service, executes the lease and thereafter receives
military orders for a change of permanent station or to deploy with a military unit,
or as an individual in support of a military operation, for a period of not less than
ninety (90) days; and
(iii) The lessee delivers to the lessor (or the lessor's grantee), or to the lessor's agent
(or the agent's grantee), written notice of the termination, and a copy of the servicemember's
military orders.
(2) Effective date of lease termination. In the event that a lease provides for monthly payment of rent, termination of the
lease under this section is effective thirty (30) days after the first date on which
the next rental payment is due and payable after the date on which the notice is delivered.
(3) In the case of any other lease, termination of the lease is effective on the last
day of the month following the month in which the notice is delivered.
(4) The lessee shall be responsible for rent amounts of the lease that are unpaid for
the period preceding the effective date of the lease termination on a prorated basis.
The lessor may not impose an early termination charge, but any taxes, summonses, or
other obligations and liabilities of the lessee in accordance with the terms of the
lease, including reasonable charges to the lessee for excess wear, that are due and
unpaid at the time of termination of the lease, shall be paid by the lessee.
(5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the effective date of the
termination of the lease shall be refunded to the lessee by the lessor (or the lessor's
assignee or the assignee's agent) within thirty (30) days of the effective date of
the termination of the lease.
(6) A lessee's termination of a lease pursuant to this section shall terminate any obligation
a dependent of the lessee may have under the lease.