R.I. Gen. Laws ch. 34-18 § 34-18-13
Unconscionability
Operative Text
(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provisions, or limit the application of any unconscionable provision to avoid an unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
Under R.I. Gen. Laws § 34-18-13, Rhode Island courts have the authority to review rental agreements and related settlements for unconscionability — meaning terms that are so one-sided or oppressive that enforcing them would be fundamentally unfair. If a court finds that a rental agreement or a settlement waiving rights under Chapter 34-18 was unconscionable at the time it was made, it may refuse to enforce the entire agreement, strike only the offending provision, or narrow its application to prevent an unjust outcome. Either party, or the court on its own initiative, may raise the issue, and both sides must be given a fair chance to present evidence about the context and purpose of the agreement.
Plain English — not legal advice.
Section 34-18-13 signals that Rhode Island courts will scrutinize rental agreements and settlements for terms that appear grossly one-sided at the time they were formed. Operators who maintain transparent, balanced lease terms — clearly written, fairly negotiated, and consistent with the protections afforded under Chapter 34-18 — are less likely to have provisions challenged as unconscionable. Keeping records of how lease terms were presented and agreed upon can be relevant if a court ever examines the setting and purpose of an agreement under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
R.I. Gen. Laws § 34-18-13 gives tenants a legal basis to ask a court to review a rental agreement or settlement that contains terms that were unreasonably one-sided when the document was signed. If unconscionability is raised, the court must allow both sides to present evidence about the circumstances surrounding the agreement, which means a tenant may have an opportunity to explain the context in which they signed. Tenants who believe a lease clause or a settlement waiving rights under Chapter 34-18 may be unconscionable can explore this issue through the court process or by consulting a tenant-rights organization familiar with Rhode Island housing law.
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.
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