In Rhode Island, the party in control of the hazard that caused the damage is usually the one who pays. Landlords must keep common areas and structural elements safe; tenants must use the premises in a reasonable manner and avoid negligent acts. When either side breaches those duties and property is harmed, they assume responsibility for repairs, lost use, and—in serious cases—consequential business losses.
If your insurer disputes coverage or blames the other party, speak with our top-rated property damage lawyers at PALUMBO LAW in Rhode Island for a claim review and swift action.
Landlords
Rhode Island landlords shoulder the first and often largest share of legal responsibility because they control the building envelope, common areas, and all systems that make a dwelling “fit and habitable.” General Laws § 34-18-22 compels owners to comply with health and safety codes, keep halls and stairways safe, and repair or replace anything that threatens habitability.
Failure to perform—even when a tenant has agreed to handle minor upkeep—opens the door to rent offsets, statutory penalties, and negligence suits. In Marsh v. Bliss Realty, the Supreme Court affirmed a verdict for a tenant whose furnishings were ruined when a neglected light globe fell; the ruling underscores that a landlord cannot delegate core safety duties by contract.
Fire, wind, and burst-pipe casualties trigger added obligations. Section 34-18-33 requires rent reductions or lease termination if a casualty renders the unit unusable; owners must also return prepaid rent and security deposits without delay. Insurance carriers may attempt to apportion blame, but courts look first at whether the landlord met code: Did the roof meet snow-load standards? Were pipes insulated? Did smoke alarms work? Where lapses exist, a seasoned property lawyer in RI can recover structural repair costs, tenant relocation expenses, and business-interruption losses.
Because property values and rental income are at stake, prudent owners carry robust dwelling and landlord-liability coverage and require tenants to maintain renters’ insurance. Yet policies do not excuse statutory duties, and carriers may still subrogate against owners if their negligence caused the loss. When negotiations stall, an insurance attorney can pressure carriers and responsible parties to pay full value fast.
Tenants
While landlords must deliver safe premises, renters are liable when their own conduct—or that of guests—causes damage. Every residential lease in Rhode Island imposes a duty to “keep the premises clean and safe,” avoid deliberate or negligent destruction, and use plumbing and electrical fixtures in a reasonable manner. Failing those obligations converts ordinary accidents into actionable negligence, making the renter—and often a co-signer—answerable for repairs, lost rent, and the landlord’s insurance deductible.
Common claims against tenants include unattended cooking fires, overloaded extension cords, and do-it-yourself plumbing fixes that flood lower units. Water events alone generate millions in losses annually, and adjusters routinely pin liability on occupants for forgetting to shut windows during storms or ignoring slow leaks. A renter confronted with a demand letter should engage a home property damage lawyer early; counsel will gather appliance recall data, maintenance records, and witness statements that may shift blame back to the owner or a manufacturer.
Security-deposit rules tighten the screws further. Under §34-18-19, a landlord who withholds money for damage must mail an itemized list within twenty days or forfeit double the amount. Tenants who document move-in conditions with photos and witness checklists often defeat inflated claims and recover the statutory penalty. When mold grows behind walls or in HVAC ducts, renters can recover for ruined belongings if they promptly notify management and the landlord failed to remediate, a scenario that attorneys in Rhode Island see frequently in coastal properties where humidity control is critical.
Lease language assigning all maintenance to the tenant rarely overrides the owner’s non-waivable statutory duties; nonetheless, ambiguity fosters disputes. An immediate consultation with a skilled property damage attorney helps tenants interpret boilerplate clauses, gather inspection reports, and funnel all insurer communications through counsel—preventing statements that could jeopardize coverage.
Insurance Carriers
The third potential payor is the insurer—commercial or personal—whose policy promises to shoulder sudden and accidental losses. Once coverage attaches, Rhode Island’s bad-faith statute, § 9-1-33, exposes a carrier that “wrongfully and in bad faith” refuses to pay or settle to tort damages in excess of policy limits. That means a $200,000 homeowner policy can balloon into a seven-figure verdict if an adjuster drags out payment without a defensible reason. Property insurance claim lawyers routinely pair breach-of-contract counts with bad-faith claims to leverage faster settlements.
Carriers typically indemnify landlords for building damage and tenants for personal-property losses in Rhode Island, then pursue reimbursement (subrogation) against whichever party’s negligence caused the event. When liability facts remain disputed—e.g., whether a space heater tripped the breaker or faulty wiring sparked the fire—cooperation with your insurer is vital. Still, policyholders should never accept a unilateral fault allocation or partial-payment offer without review by lawyers.
Property Damaged? RI Property Lawyers Can Help
Rhode Island’s liability question rarely ends with a quick apology; it demands hard evidence, statutory precision, and relentless advocacy. PALUMBO LAW secures full compensation, whether the fault lies with an absentee landlord, a careless tenant, or an insurer acting in bad faith. Contact us today for a comprehensive case assessment and put our battle-proven team to work.