R.I. Gen. Laws ch. 34-18 § 34-18-41
Waiver of landlord's right to terminate
Operative Text
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless the landlord gives written notice within ten (10) days. However, acceptance of partial payment of rent shall not constitute a waiver of the balance due. Acceptance does not waive the landlord's right to seek remedies for the default.
Under Rhode Island law at R.I. Gen. Laws § 34-18-41, a landlord who accepts rent or other performance from a tenant while knowing that the tenant has violated the lease terms generally gives up the right to end the tenancy based on that specific violation. This waiver can be avoided if the landlord provides written notice within ten days of accepting payment. Two important exceptions apply: accepting only a partial rent payment does not waive the landlord's right to collect the remaining balance, and accepting payment does not eliminate the landlord's ability to pursue other legal remedies for the underlying breach.
Plain English — not legal advice.
Property owners and managers operating under R.I. Gen. Laws § 34-18-41 generally take care to document any known lease violations before or at the time they accept rent payments. To preserve the right to terminate for a known breach, a compliant operator typically delivers written notice of the violation within ten days of accepting payment. Operators also commonly note that accepting partial rent does not release the tenant from the full amount owed, and that accepting payment does not foreclose other legal remedies available for the default.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rhode Island tenants may find R.I. Gen. Laws § 34-18-41 relevant if a landlord attempts to terminate a tenancy for a breach after having already accepted rent with knowledge of that breach. A tenant in that situation may be able to raise the landlord's acceptance of payment as a defense, since the statute generally treats such acceptance as a waiver of the right to terminate for that specific violation. Tenants seeking to understand how this provision applies to their circumstances can consult a local tenant-rights organization or legal aid office for general information about their 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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