Tenants Right to Sublet
Under Rhode Island law, tenants do not have a default legal right to sublet; they must follow the terms of their lease. Most leases fall into one of the following:
- Subletting is strictly prohibited.
- Allowed only with the landlord’s written consent. [Landlord and Tenant Handbook PDF]
- Allowed outright or not mentioned, meaning no permission required.
If the lease requires written landlord consent, tenants must send a request by certified mail and include the following details:
- Sublease term (start and end dates)
- Name, contact info of proposed subtenant
- Reason for subletting
- Tenant’s forwarding address
- Consent of any co-tenants
- Copy of proposed sublease, signed by both parties
The landlord can screen potential subtenants for legitimate reasons—such as financial stability—but cannot deny based on protected characteristics (e.g., race, religion, disability) under Fair Housing rules.
If a tenant sublets without permission, it’s a lease violation. The landlord may issue a 20-day notice to vacate or correct and then pursue eviction and damages.
Subtenants enjoy tenant rights—like privacy and habitability—but cannot sue the landlord directly; they must go through the original tenant.
Short‑Term Rental / Lodging Tax
Rhode Island regulates and taxes short‑term rentals (STRs) under state and local laws:
- Registration: All STRs (under 30 nights) must register with the RI Dept. of Business Regulation (DBR) and display the registration number on listings. Platforms like Airbnb/Vrbo must ensure compliance and remove unregistered listings within 14 days or face fines of $250–$1,000 per day. [1]
- State Sales Tax: 7% applies to the total rental charge (including cleaning fees) for stays under 30 nights.
- 6% on room rentals.
- 1% on whole‑home rentals.
- Hotel (Lodging) Tax: Collected monthly, in addition to sales tax.
- Local Taxes: Newport adds its own taxes—6% on room rentals and 1% on whole-home stays, making total tax rates up to ~19% for rooms and ~15% for full homes.
STR platforms are required to collect and remit all state and local taxes on behalf of hosts. Hosts letting directly must self-register and file tax returns.
Non-compliance can trigger fines: $250 for first 30 days, $500 for 31–60 days, $1,000 for over 60 days.