Rhode Island General Laws

R.I. Gen. Laws § 34-18-41 (2026)

Waiver of landlord’s right to terminate

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Warwick Hous. Auth. v. McLeod, 913 A.2d 1033 (R.I. 2007).

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Warwick Hous. Auth. v. McLeod, 913 A.2d 1033 (R.I. 2007). · cites it 14× “The defendant, on the other hand, argued that the eviction action must be dismissed pursuant to G.L.1956 § 34-18-41. That section of the Residential Landlord and Tenant Act, chapter 18 of title 34, sets out the circumstances in which a land *1036 lord waives the right to…”

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