Legal Question in Real Estate Law in Rhode Island

Wow your landlord is a real piece of work. The security deposit can only be kept for damage done to the apartment or for unpaid rent. The mere existence of potential illegal activity does not allow the landlord to keep the security deposit. If there were illegal activity the landlord has the right to call the police and evict you for reasons other than non-payment of rent. What your landlord is doing however, is a crime; it�s called �Extortion� or threatening a criminal sanction to gain a civil advantage. If he had called the police you would already know about it. He probably did not call the police and is betting that you will just stay quiet, go away and let him steal your damage deposit.

Pursuant to R.I.G.L. � 34-18-19 of the Landlord Tenant Act, entitled �Security deposits�

(b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued rent and the amount of physical damages to the premises, other than ordinary wear and tear, which the landlord has suffered by reason of the tenant's noncompliance with � 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord shall deliver the notice, together with the amount of the security deposit due to the tenant, within twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the tenant's providing the landlord with a forwarding address for the purpose of receiving the security deposit.

(c) If the landlord fails to comply with subsection (b), the tenant may recover the amount due him or her, together with damages in an amount equal to twice the amount wrongfully withheld, and reasonable attorney fees.

If you don�t get the full deposit or a letter in 20 days, feel free to contact me.