If you're a property owner or a potential renter in Rhode Island, understanding the regulations around the length of stay in rental properties is crucial. Whether you're looking to rent out your property or planning a vacation, knowing the rules can help you avoid legal complications and make the most out of your rental experience.
Short-Term Rental Regulations in Rhode Island
In Rhode Island, short-term rentals are typically defined as properties rented for 30 consecutive days or less. This includes popular vacation rental platforms like Airbnb and Vrbo. However, the exact number of days you can rent out your property or stay as a guest depends on local regulations, as well as zoning laws, and the specific terms set by individual municipalities within the state.
Key Points to Consider:
State-Level Regulations: Rhode Island requires all short-term rental properties to be registered with the state’s Department of Business Regulation. This registration is mandatory and helps ensure that rentals comply with local zoning laws and safety regulations.
Local Ordinances: Cities and towns within Rhode Island may have their own restrictions on the length of short-term rentals. For instance, Newport and Providence have stricter regulations compared to other areas, often limiting the number of days a property can be rented out within a calendar year.
Tax Implications: Short-term rentals in Rhode Island are subject to state and local taxes, including a 7% sales tax and a 1% local hotel tax. Property owners must ensure they are collecting and remitting these taxes appropriately to stay compliant.
Long-Term Rental Considerations
Long-term rentals in Rhode Island are generally defined as leases that exceed 30 consecutive days. Unlike short-term rentals, long-term rentals are typically governed by landlord-tenant laws rather than specific rental ordinances.
Important Factors for Long-Term Rentals:
Lease Agreements: For long-term stays, a formal lease agreement is crucial. This document outlines the terms of the rental, including the duration of the lease, rent amount, security deposit, and other essential details.
Tenant Rights: Rhode Island’s landlord-tenant laws provide substantial protections for tenants in long-term rental agreements. This includes the right to a safe and habitable living environment, protection against unfair eviction, and the right to privacy.
Residential Certificate of Occupancy
For short-term rentals such as Airbnb and vacation homes in Rhode Island, it's crucial to understand the requirements surrounding the "Residential Certificate of Occupancy." This certificate ensures that a property meets the necessary safety and habitability standards before being rented out, especially for short-term stays.
Key points to consider:
Certificate Requirement: If you intend to rent out your property for short-term stays (less than 30 days), you may need to obtain a Residential Certificate of Occupancy. This certificate is necessary to confirm that the property complies with local safety codes and is suitable for guests.
Safety Compliance: Properties used for short-term rentals must adhere to safety standards, including fire safety regulations, proper egress, and adequate facilities (such as smoke detectors, carbon monoxide detectors, and fire extinguishers).
Zoning and Local Ordinances
The handbook also highlights that zoning laws and local ordinances may impact your ability to offer short-term rentals. Depending on the municipality, there might be restrictions on where and how you can operate a short-term rental.
Key points to consider:
Zoning Laws: Some areas in Rhode Island have specific zoning regulations that either restrict or allow short-term rentals. It's important to verify whether your property is located in a zone that permits such activities.
Local Ordinances: In addition to zoning laws, local ordinances may impose further restrictions, such as limits on the number of days you can rent out a property or the requirement to register the property with the city or town. If you would like to learn more about the local short term rental permit process in Rhode Island please see our guide here.
Conclusion
Before listing your property as a short-term rental in Rhode Island, ensure you are compliant with state and local regulations. Obtain the necessary Residential Certificate of Occupancy and review any applicable zoning laws and local ordinances. By doing so, you can operate your short-term rental legally and safely, providing a great experience for your guests while avoiding potential fines or legal issues.
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