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Overview
Rhode Island does not have specific mold legislation. However, landlords are required to maintain rental properties in a fit and habitable condition under the Residential Landlord and Tenant Act (R.I. Gen. Laws Chapter 34-18). The implied warranty of habitability, codified in Section 34-18-22, requires landlords to comply with all applicable building and housing codes affecting health and safety. Mold issues caused by structural defects, water damage, or landlord negligence typically violate these standards, giving tenants legal remedies including lease termination, repair and deduct for small repairs, and the right to remedy essential service failures. [Rhode Island General Laws Section 34-18-22 - Landlord to maintain premises]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
All Rhode Island tenants have the right to live in rental premises that are fit and habitable. Landlords must comply with all applicable building and housing codes affecting health and safety and make all repairs necessary to maintain habitability. This right exists regardless of the terms of any rental agreement and cannot be waived.
Right to Terminate Lease for Material Noncompliance
If a landlord fails to maintain the premises in compliance with Section 34-18-22 and the breach materially affects health and safety, tenants may terminate the rental agreement. Tenants must provide written notice to the landlord specifying the breach and stating that the lease will terminate in 30 days if the landlord does not remedy the issue within 20 days. For repeat violations occurring within 6 months of a prior notice, tenants need only give 14 days written notice.
[Rhode Island General Laws Section 34-18-28 - Noncompliance by the landlord in general]
Landlord Responsibilities
Comply with Building and Housing Codes
Landlords must comply with all applicable building and housing codes that materially affect health and safety. This includes local housing codes, the Rhode Island Housing Maintenance and Occupancy Code (Chapter 45-24.3), and any other applicable regulations.
Maintain Premises in Fit and Habitable Condition
Landlords must make all repairs and do whatever is necessary to put and keep the rental premises in a fit and habitable condition. This includes addressing conditions that could lead to mold growth, such as water leaks, plumbing problems, roof damage, and inadequate ventilation.
Remedies Available to Tenants
Rent Withholding
Available: Rhode Island allows rent withholding only through a court-supervised process. In an action for possession or rent, tenants may counterclaim for habitability violations and the court can order rent to be paid into court while the dispute is resolved. Tenants should not stop paying rent outside this process.
Repair and Deduct
Available: Rhode Island allows repair and deduct under Section 34-18-30 when: (1) the landlord fails to maintain the premises as required by Section 34-18-22; (2) the reasonable cost of repairs is less than $500 in the aggregate per year; (3) the tenant provides written notice of intent to correct the condition at the landlord's expense; (4) the landlord fails to comply within 20 days; and (5) the condition was not caused by the tenant or persons under their control. The tenant must have repairs done in a skillful manner in compliance with applicable codes and must submit an itemized statement of costs to the landlord. For essential service failures under Section 34-18-31, there is no dollar limit.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Rhode Island
Understanding Rhode Island's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Humid Subtropical Climate
Nearly all of mainland Rhode Island has a Humid Subtropical climate (Cfa), with average warmest month temperatures over 72°F. Rhode Island's coastal location and Narragansett Bay influence create distinct humidity patterns. When humid air arrives, fog often covers the coastline during late night and early morning hours.
Hotbed for Mold Growth
Rhode Island is described as a hotbed for mold growth. The state's humid climate and coastal location make it a prime location for mold to thrive. High humidity poses a serious mold risk for homes and businesses, and long-term exposure can have serious health consequences. Persistent mold growth results in musty odors that can permeate entire properties.
Coastal Flooding Risks
Climate change is increasing inland and coastal flooding risk due to sea level rise and increasing chances of extreme precipitation. Homes in proximity to the ocean face additional challenges due to salt exposure and increased humidity. Coastal flood hazards include storm surge and rising sea levels.
Statewide Rental Registry
Rhode Island requires all landlords to register with the Department of Health statewide rental registry under Section 34-18-58. A landlord may not commence an eviction action for nonpayment of rent unless they are in compliance with registry requirements, creating accountability for property maintenance.
Common Mold Types in Rhode Island
Rhode Island's coastal location creates year-round high humidity. The state's older housing stock, combined with flooding risks from Narragansett Bay and rising sea levels, makes mold a persistent concern.
Stachybotrys chartarum (Black Mold)
Found in Rhode Island homes with water damage, particularly in older housing near the coast. Produces dangerous mycotoxins affecting respiratory and neurological systems.
Aspergillus
Common throughout Rhode Island in humid conditions. Found in HVAC systems, bathrooms, and water-damaged areas. Can cause aspergillosis.
Cladosporium
Most prevalent airborne mold in Rhode Island. Thrives in coastal humidity. Major cause of allergic reactions and asthma symptoms.
Penicillium
Common in damp Rhode Island basements and crawl spaces. Grows on water-damaged materials including wallpaper and carpet.
Mold Professional Requirements in Rhode Island
Implied Warranty of Habitability
Under Rhode Island General Laws Section 34-18-22, landlords have a statutory duty to maintain rental premises in a fit and habitable condition. This includes complying with all applicable building and housing codes affecting health and safety, making all necessary repairs, keeping common areas clean and safe, and maintaining all electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good working order. Landlords must also supply running water, reasonable hot water at all times, and reasonable heat between October 1 and May 1. Rhode Island also has a statewide Housing Maintenance and Occupancy Code (R.I. Gen. Laws Chapter 45-24.3) that establishes minimum housing standards enforced by local municipalities. [Rhode Island General Laws Section 34-18-22 - Landlord to maintain premises]
Mold Disclosure Requirements
Local Regulations
Some cities in Rhode Island have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Rhode Island mold law details.
Providence, RI
Local mold risks, prevention priorities, and next steps for Providence.
Warwick, RI
Local mold risks, prevention priorities, and next steps for Warwick.
Cranston, RI
Local mold risks, prevention priorities, and next steps for Cranston.
Pawtucket, RI
Local mold risks, prevention priorities, and next steps for Pawtucket.
East Providence, RI
Local mold risks, prevention priorities, and next steps for East Providence.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Rhode Island.
Rhode Island Housing Home Repair Programs
Provides loans and grants for home repairs including addressing mold and moisture issues for Rhode Island homeowners.
Eligibility: Rhode Island homeowners meeting income requirements
Coverage: Varies by program; may cover mold remediation
Phone: 401-457-1234Learn More →
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural homeowners for repairs including mold remediation.
Eligibility: Very low-income homeowners in rural Rhode Island areas
Coverage: Loans up to $40,000 at 1% interest; Grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Rhode Island have specific mold laws for rental properties?
No, Rhode Island does not have specific mold legislation. However, mold issues are addressed through the implied warranty of habitability under Rhode Island General Laws Section 34-18-22, which requires landlords to maintain premises in a fit and habitable condition and comply with all applicable building and housing codes affecting health and safety.
Is my landlord responsible for mold in my Rhode Island rental?
Generally yes, if the mold is caused by structural issues or landlord negligence such as leaking roofs, pipes, or windows. Under Section 34-18-22, landlords must make all repairs necessary to keep premises habitable. However, if you caused the mold through your own actions (such as failing to report leaks or creating excess moisture), you may be responsible.
Can I withhold rent for mold in Rhode Island?
No, Rhode Island does not have a traditional rent withholding remedy. You cannot simply stop paying rent due to mold problems. Instead, you should use other remedies such as repair and deduct (for repairs under $500 per year), lease termination with proper notice, or pursue remedies for essential service failures if applicable.
Official Resources
These official resources can help you understand your rights and take action: