R.I. Gen. Laws ch. 34-18 § 34-18-32
Landlord's noncompliance as defense to action for possession or rent
Operative Text
(a) In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount he or she may recover under the rental agreement or this chapter. In that event, the court, from time to time, may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is frivolous or without any basis in fact, the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant is not in possession, he or she may counterclaim as provided in subsection (a) of this section, but is not required to pay any rent into court.
Rhode Island General Laws § 34-18-32 establishes that when a landlord sues a tenant for unpaid rent or to regain possession of a rental unit, the tenant is permitted to raise the landlord's own legal violations as a counterclaim in the same proceeding. The court can require the tenant to deposit rent payments into court while the case is pending, and then distributes those funds based on what each party is ultimately found to owe. If the tenant's counterclaim or defense is found to be frivolous and without factual basis, the landlord may be awarded reasonable attorney's fees. Tenants who are no longer living in the unit and face a rent action may also counterclaim, but are not required to pay rent into court during that process.
Plain English — not legal advice.
Under § 34-18-32, landlords pursuing a rent or possession action should be aware that tenants have a recognized right to raise counterclaims based on alleged violations of the rental agreement or Rhode Island's landlord-tenant chapter. Compliant operators generally maintain thorough records of property conditions, repair histories, and communications so they are prepared to respond to any such counterclaims. If a tenant's defense or counterclaim is ultimately determined to be frivolous or without factual basis, § 34-18-32 does allow the landlord to seek recovery of reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 34-18-32 of Rhode Island General Laws gives tenants the right to raise a landlord's noncompliance with the rental agreement or state law as a counterclaim when a landlord brings a rent or eviction action against them. If the court orders rent paid into court during the proceeding, those funds are distributed according to what each party is found to owe, and if no rent remains due after the accounting, judgment in the possession action may be entered in the tenant's favor. Tenants who believe they have grounds for a counterclaim under § 34-18-32 may wish to consult a tenant-rights organization or legal aid provider to understand the general process and available options.
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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