R.I. Gen. Laws ch. 34-18 § 34-18-33
Fire or casualty damage
Operative Text
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) Immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafter of his or her intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenants' liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b) If the rental agreement is terminated the landlord shall return all security recoverable under § 34-18-19 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. (c) This section shall not be construed to limit the right of the landlord to recover in an action in tort damages resulting from a fire or other casualty damage caused either negligently or deliberately by the tenant.
Under Rhode Island General Laws § 34-18-33, when a rental dwelling is damaged or destroyed by fire or other casualty to the point that the tenant's enjoyment of the unit is substantially impaired, the law provides two paths forward. The tenant may vacate and terminate the rental agreement by notifying the landlord in writing within fourteen days, or—if continued occupancy is lawful—may remain in the undamaged portion of the unit with rent reduced proportionally to reflect the loss in fair rental value. If the agreement is terminated, the landlord must return all recoverable security deposit funds and any prepaid rent, calculated from the date of the fire or casualty. The provision also preserves the landlord's right to pursue tort damages if the tenant caused the fire or casualty through negligence or deliberate action.
Plain English — not legal advice.
Under § 34-18-33, compliant operators are generally prepared to process a lease termination and promptly return the security deposit and prepaid rent—calculated from the date of the fire or casualty—when a tenant provides written notice of intent to terminate within fourteen days of vacating a substantially impaired unit. When a tenant lawfully remains in a partially damaged unit, operators typically adjust rent to reflect the proportional reduction in fair rental value for the affected portion. Importantly, § 34-18-33(c) preserves the landlord's ability to pursue a separate tort action if the tenant's negligence or deliberate conduct caused the damage, so documenting the circumstances of any fire or casualty is a practice many property managers follow.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rhode Island General Laws § 34-18-33 gives tenants meaningful options when a fire or other casualty substantially impairs their ability to enjoy their home. If a tenant chooses to vacate, written notice to the landlord within fourteen days of leaving is required to formally terminate the rental agreement and trigger the landlord's obligation to return the security deposit and prepaid rent. If full vacating is not necessary and continued occupancy is lawful, a tenant may be entitled to a proportional rent reduction for any portion of the unit rendered unusable—and tenants who believe this right is being denied can explore options such as raising the provision as a defense in any rent-related proceeding, contacting a local tenant-rights organization, or consulting with a housing attorney familiar with § 34-18-33.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation