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Rhode Island Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for Rhode Island on
Q: I just found out I have been paying rent since October to a person who didn't own the house. It was a foreclosure

the people who actually bought the house got the paperwork yesterday and showed up today. What can be done about the rent we have paid so far to the shady person who did this to us

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Report them to the authorities. http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-38.2.HTM compliance is mandatory. Retain an attorney if you are served with an eviction complaint.

1 Answer | Asked in Real Estate Law and Civil Litigation for Rhode Island on
Q: Is it legal to have a Shared utility only wired to my meter? This has never been disclosed to me by the landlord.

My electric bill is triple my neighbors. I have lived here for 5 years. My landlord has never mentioned that I pay for a shared utility. This has just come to light when I had an electrician come check to see why my electric bill was so high. Upon further examination a plumber became involved... Read more »

Neville Bedford
Neville Bedford answered on Jul 6, 2020

It is unclear what expense is shared, and what is due to the leak. If the pump is not yours, you may have a case of theft of utilities against the person who wired it on your service. This may require more investigation and perhaps professional legal representation. Once you have all of the... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: how can make estate agencies to stop selling my home with their predicted price on their own sight

I own property with area avarge sale price 75000 dollars. The government assignment value is 22000 dollars

Real Estate agencies more than one forcing me to sell it cheep as less than 10000 dollars by listing it on their own site without my permission

How can I stop them... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

Nobody can force you to sell your house. If a realtor is offering your house for SALE without your permission you should file a complaint with

the Rhode Island Board of Realtors and also the Rhode Island Department of Consumer Protection.

However do be sure they are really listing...
Read more »

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Rhode Island on
Q: What are my legal rights when I'm only tenant on my lease. My gf will not leave willingly

She has repeatedly threatened me to call police for no reason and have me removed out of my own place. I pay 1500 a month and she pays nothing. I'm trying to end this controlling relationship.

Neville Bedford
Neville Bedford answered on Dec 24, 2019

If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: Should I carry forward the balance until they catch up or apply each week they pay to the previous week?

I have 2 tenants on a week to week lease. They're 1 wk behind. They are asking that the late week that was paid 6 days late be carry forward as if they slipped a week until they can pay that skipped week in 2 weeks instead of adding the rent payment they give me each week to the previous week.... Read more »

Neville Bedford
Neville Bedford answered on Dec 24, 2019

The offer-er is the master of their offer and you are free to come to whatever arrangements you like. I might suggest you set a deadline for the late fee waiver to give them some incentive to catch up.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: A group of European students who attend my academy live in an apartment that I found for them. No lease has been signed.

I helped find a short-term place for them to live (I do not reside there). To make things easier, I have been collecting their rent and providing the landlord with a check each month. No lease has been provided to the students. A few students returned to Europe before our school term ended. Who is... Read more »

Neville Bedford
Neville Bedford answered on Dec 16, 2019

If the landlord takes you to court, the best thing for your to bring, in addition to all of your documents(i.e. a contract with the landlord and the academy) supporting your "arrangement" would be ... a licensed attorney to present your best defense. They will likely begin with a short... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked)

My boyfriend moved in with me in June, we have since broken up. I own my house how can I get him to leave? (I've asked) It is my house and he is just staying there, he does have mail come there and switched his license without asking me.

Andrew Bilodeau
Andrew Bilodeau answered on Nov 20, 2019

Hello,

You will need to evict him in accordance with the RI Lanlord/Tenant act.

2 Answers | Asked in Real Estate Law and Small Claims for Rhode Island on
Q: My boyfriend's dad is our landlord, his son just got locked up last night and next day he writes a note saying I have to

Move in 2 days and he just accepted my payment for rent this month, can I get my money back

Andrew Bilodeau
Andrew Bilodeau answered on Sep 1, 2019

Hello,

Based on the info you provided, your boyfriend’s father would have to evict you and give you proper notice.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Civil Litigation for Rhode Island on
Q: Inheritance rights where estate wrongly dealt with by intestate succession

Substantial estate passed by intestate succession after named beneficiary in a will could not be located. Named beneficiary located 10-years later. Do they have rights to claim?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: In RI, who should get back a deposit on an apartment lease when you are divorcing? I paid the deposit originally

My ex lied to my landlord and told them that I gave him the deposit to move it to his next lease starting August 1st. Since I paid the original deposit and he is starting a new lease, shouldn’t I be the one that receives it back?

Neville Bedford
Neville Bedford answered on Jul 22, 2019

If your ex is lying to your landlord, there is a good chance they may also be lying to you. If you have the same landlord and you are now trying to convince them to return your deposit, this may have to be resolved in court if the landlord refuses to return your deposit. I suspect there are... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Rhode Island on
Q: Can a buyer back out once an offer is given and accepted on deadline date w no recourse?

The Buyer offered us full price and after inspection requested four things to be addressed (taken care of) we in return offered them to fix two of the four requests plus 2,000.00 off original price. They accepted the offer on the deadline date of July 2. Then on July 6th, we were told they were... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2019

The answer to your question should be set forth in the written documents; where is your real estate agent?

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: My father is selling his mobile home, agreed on a price, inspection came back and told he needs to deduct $800?

My dad agreed to the $26,000 someone offered him, inspection came back with deficiencies and my dad was told he needed to deduct $800. My dad doesn't want to sell now based on the $800 deduction, but the real estate agent told him he has to sell it or he will get sued. Is this true? My dad... Read more »

Andrew Bilodeau
Andrew Bilodeau answered on Jun 12, 2019

If the agreement was for $26,000 your father should receive the full $26,000 if he does not want to make any concessions. Generally the agreement with have a time period for the due diligence - inspections, etc. during that time if an issue is discovered, the buyer can chose to waive the deficiency... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: My husband and I are tenants in common. We have no will. What happens to his portion upon his death.

Husband dying of cancer. West Warwick town hall says I have no worries about the property. Please advise.

Andrew Bilodeau
Andrew Bilodeau answered on Jun 2, 2019

Hello,

I’m sorry that you are going through this difficult time with your husband.

I just need to know if your husband has any children and if any of his parents are alive.

This will determine what you receive. Thank you.

Sincerely,

Andrew Bilodeau

1 Answer | Asked in Civil Litigation and Real Estate Law for Rhode Island on
Q: Bought home with big fenced yard for dogs, 5 minutes after closing found out 1/3 of the yard belongs to neighbor. Help.

Last Monday we bought a house in Rhode Island with a big fenced in yard for our dogs. As we were at the closing at the lawyers, the seller of the house told the next door neighbor that a portion (about 1/3) of our soon to be property actually belonged to her and was not part of his property at... Read more »

Andrew Bilodeau
Andrew Bilodeau answered on May 7, 2019

Hello,

There are many components to this That need to be examined before I would be able to give you a correct answer. If during the transaction you purchased title insurance and the owner signed an Affidavit swearing that there are no known encroachments, boundary disputes, etc. you may...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: what can i due if a tenant use there surcerity deposit as there last month rent and there was damage to the place
Andrew Bilodeau
Andrew Bilodeau answered on May 6, 2019

Hello,

You will need to provide notice to the tenant regarding the damage to the apartment/house with an itemization of the cost to repair and you can pursue those damages in a court action if they are in an amount to be worthwhile. I would also evaluate whether or not the former tenant has...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: can a landlord tow my vehicle without notice?

we were in a rollover accident on 2/19 (it is now 2/22). we are still awaiting the police report, and our vehicle was towed to our parking area (private off street parking with assigned spaces, of which we are only taking up our own space). the vehicle has considerable damage to it, but is not... Read more »

Neville Bedford
Neville Bedford answered on Feb 27, 2019

If it is not roadworthy, one could argue that it is "debris" or refuse." Probably best for you to get it to an auto body shop where they will be able to allow the insurance company to make their assessment and perform the necessary repairs, should that be the option you choose.... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: How do I apply for a homestead estate exemption?
Neville Bedford
Neville Bedford answered on Jan 29, 2019

In Rhode Island, it's automatic. See:

TITLE 9

Courts and Civil Procedure – Procedure Generally

CHAPTER 9-26

Levy and Sale on Execution

SECTION 9-26-4.1

§ 9-26-4.1. Homestead estate exemption.

(a) In addition to the property exempt...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: What are the laws in Rhode Island about heat in a rental property?

I informed my landlord 4 days ago that my heat was not working. Someone came out the next day (not a professional company just like a "handyman") and said he would be back the next day. I waited at home all day and he never came back. I informed my landlord again and she sent someone... Read more »

Neville Bedford
Neville Bedford answered on Jan 29, 2019

TITLE 34

Property

CHAPTER 34-18

Residential Landlord and Tenant Act

SECTION 34-18-34

§ 34-18-34. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

If a landlord unlawfully removes or excludes the tenant...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: In the process of purchasing the multi tenant home I am currently in.I want to purchase tenant free.

I have been renting in the home that I am currently in contract with to purchase, there are tenants there currently. Their initial lease expired and is basically a month to month tenant. How can I begin the process of providing them notice, that upon closing (Scheduled for End of July 2018,) they... Read more »

Neville Bedford
Neville Bedford answered on Jul 5, 2018

Negotiate that term with the seller. You will not be the owner until after the consummation of the sale. If the seller refuses to deliver unoccupied, you may well have to engage an attorney to assist you with the eviction.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on
Q: A judgement was made on land but not boundaries lines lawyer and judge ignored evidence available and met and spoke of
Neville Bedford
Neville Bedford answered on Jul 5, 2018

If you received an unfavorable decision, and you believe the Judge was mistaken, talk to your attorney about the viability of filing an appeal.

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