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Rhode Island Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: By law can a landlord stop a tenant from parking in a driveway?
Neville Bedford
Neville Bedford
answered on Mar 16, 2016

it depends, If use of the driveway is prohibited in the lease, it could be deemed a violation of that lease by the tenant. If the use of the driveway and any parking spots are mentioned in the lease, the landlord could be deemed in violation of the lease by prohibiting same.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I have sent my tenants (RI) a Termination of Tenancy on a yearly lease. Notice was sent approx. 31/2 months before the

lease ends in April. They have said they are not going so their children can finish the school year. They had already moved at the same time last year with the children. Can a judge allow them to stay? BTW, I chose not to renew because of frequent late rent payments and abusive emails. They... View More

Neville Bedford
Neville Bedford
answered on Mar 16, 2016

It seems you may have to file an eviction action. This will go most smoothly with an experienced attorney at your side.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My landlord just knocked on my door telling me I can no longer flush toliet paper is this even sanitary
Neville Bedford
Neville Bedford
answered on Feb 10, 2016

I certainly doesn't sound sanitary. Did you ask them what they suggest doing in the alternative? For how long ? 10 Minutes? a day? a week? I'd suggest you start looking for another apartment.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Do I need two separate Complaints or is one Complaint - 2 named defendants okay.

Two tenants (unrelated roommates) living in one unit.

Neville Bedford
Neville Bedford
answered on Feb 1, 2016

One lease ? Two? Find an attorney, they can help you. Often, these cases are not as simple as they appear. They will probably cost less than airfare from there to here for the number of times you may be required to attend court.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Does 5-day demand letter for non-payment of rent need to be mailed or is hand-delivery ok.

Or does it require that I do both?

Neville Bedford
Neville Bedford
answered on Feb 1, 2016

The statute says "mail" : § 34-18-35 Eviction for nonpayment of rent. – (a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), specifying the... View More

2 Answers | Asked in Landlord - Tenant for Rhode Island on
Q: my landlord refuses to pay for the utilities that are included in the rent thats stated in my lease. what can i do

we have paid the water bill because it was going to be shut off and deducted it from the rent. Now hes harassing us pounding on our door screaming at us destroying our property

and is threatning to throw us out. We tried to keep the peace and put the electric in our name and have been... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

Have you considered deducting the utility payments you made from the rental payments otherwise due him?

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1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: What is tentants rights in ri if the landlord is selling his 3 unit apartment building? He is going through a realtor
Neville Bedford
Neville Bedford
answered on Dec 10, 2015

Tenant's rights are generally enumerated in the lease. The new landlord may be bound to honor the promises contained in the lease should they include language like "heirs, successors, and assigns..." take the lease to a local attorney if you have further questions.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: On a month to month does RI law state i am responsible for heating unit repairs??

I had a year lease butbit expired in June 14 and he NOW refuses to pay tje plumber to repair the boiler says it is in my lease that it is my responsibility.

Neville Bedford
Neville Bedford
answered on Oct 25, 2015

If the lease address the maintenance of the boiler as your responsibility, then it is your responsibility.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: landlord is a fugitive on run for 4 years now can they kick me out?

ive lived in this place almost 9 years my landlord became a fugitive 4 years ago they cant find him so im stuck paying water an sewer bill im told no one can kick me out until he is caught is this true in state of rhode island

Neville Bedford
Neville Bedford
answered on Oct 13, 2015

Meet with an attorney to review your lease and discuss who the "they" is that you are concerned about filing an eviction against you. If you have received notice of eviction, bring those along as well.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: In Rhode Island is it against the law for a landlord to not accept a personal check for payment of rent.
Neville Bedford
Neville Bedford
answered on Sep 7, 2015

It depends. Factors include: How many checks were presented as NSF ? The person making the offer is the master of their offer. SO, for example if I list an apartment for rent and say: "Rent may ONLY be paid in BITCOIN" and another accepts that offer. Our contract is one for an exchange... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Re: 34-18-19b. Is delivery in hand, or postmarked?

I have a landlord who did not provide an itemized list of deductions, and did not deliver it in hand (along with the security deposit) within 20 days. Does it have to be postmarked on the 20 day mark or delivered in hand on that mark?

Neville Bedford
Neville Bedford
answered on Sep 7, 2015

I might suggest you bring the letter to a local attorney, or Legal Services if you qualify for their services. Retain counsel to review the letter and its particulars for compliance with the statute.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can you serve a landlord or his lawyer a request for production of documents in a Rhode Island eviction case?
Neville Bedford
Neville Bedford
answered on Oct 13, 2015

Speak to your lawyer on this procedural question. They may have agreed to exchange discovery documents. Your lawyer will not be able to speak with the represented landlord except through his attorney unless some other arrangements are made.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: What do I do if my landlord backs out of a verbal agreement?

I currently pay $590/month as part of a room share in a 4br apartment. The lease has an early buyout option for 3 months rent ($1770).

I met with my landlord and she agreed that I could post-date her three checks and that, if they found a replacement tenant prior to the rent being due for... View More

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

Verbal agreements are difficult to enforce. Bring the communications to an attorney and have them evaluate your case. Post dating checks is generally not a good practice. . . and illegal to ask for: http://webserver.rilin.state.ri.us/Statutes/title19/19-14.9/19-14.9-8.HTM Additionally, you may want... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Paid parking spot for my truck, is there any laws

i rent a townhouse and pay for a parking spot for my truck, the association is trying to force me to park where i cant fit, are there any laws to help me? If i park where they are trying to make i wont be able to open my doors to get me and my 3 year old daughter out. I haven't had a problem... View More

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

The law that controls you case is the law of contract. Sadly, your parking space agreement does not likely say "FOR $400 per month, we shall provide a 13 foot wide parking spot" But, whatever it does say controls, so go to your favorite local attorney - bring the contract, pay them for a... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I owed my previous landlord back rent ND he had my motorcycle then sold it is this legal
Neville Bedford
Neville Bedford
answered on Feb 10, 2016

It depends on how they went about it. If they petitioned the court for an order to that effect, it is possible it was done legally. To know for certain you would likely have to investigate the court records, possibly with the assistance of a practicing attorney.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I have tenants I would like to remove. The year lease is up 8/1. Is it too late to ask them to leave by that date?

There is no particular reason, I just want to make updates to the place and get new tenants after I'm done. Would I need to have given them 90 days notice, or would 45 be legally acceptable?

Would I be better off letting the lease go month to month after 8/1, and asking them to leave... View More

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

If they do not agree to leave, you will likely have to file an eviction complaint in the court.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: can you evict a household with children with 30 days notice, without a lease
Neville Bedford
Neville Bedford
answered on May 12, 2015

Yes, depending on the reasons for the eviction and your compliance with necessary first steps, for example, the issuance of a 5 day demand letter for non payment of rent. you may be able to complete the court process in that time. To ensure you do this in compliance with the laws, you should retain... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: When does the Statute of Limitations run on a judgement in Distrist Court, Newport County,Rhode island
Neville Bedford
Neville Bedford
answered on Feb 1, 2016

20 years http://webserver.rilin.state.ri.us/Statutes/title9/9-1/9-1-17.HTM

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: What info can my landlord give out to another company/person?

I am worried about my privacy. I do not want them to disclose any information at all, IE my rent, payments or anything. Does the Privacy Act, cover me?

Neville Bedford
Neville Bedford
answered on Mar 27, 2015

If you do not disclose to anyone whom your landlord is, this should reduce inquiries substantially. You may run in to resistance should you decide to move and a new landlord is seeking a reference form a prior landlord. If your privacy is paramount, consider meeting with an attorney and retaining... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Is there any viable defenses to eviction for non-payment of rent, in a commercial lease.
Neville Bedford
Neville Bedford
answered on Mar 27, 2015

Yes, payment has been made is one possible defense. Retain an attorney to review the lease and eviction papers to get the very best advice and assistance.

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