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Rhode Island Landlord - Tenant Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on
Q: if there's no executor of an estate can a tenant be thrown out?

My mother and father in law had both passed away and no one has filed for executor of their estate. My sister in law is currently living in one of the apartments but her sister states that she is going to have her evicted. Can this be done?

Neville Bedford
Neville Bedford
answered on Nov 20, 2017

Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My 1 yr old has a led level of 12 our landlord never told us of led in the house do i have a lawsuit
Neville Bedford
Neville Bedford
answered on Sep 6, 2017

It may take an investigation to determine the cause of this condition. Follow your doctor's recommendations to treat the condition and consult with an attorney in private to evaluate the situation further.

1 Answer | Asked in Contracts and Landlord - Tenant for Rhode Island on
Q: I have moved from one my apartment bldg into a smaller one that's was cheaper, same landlord. Since we asked for the 200

Dollar difference in security he started acting weird he has not given us a lease for the new place were in and has not come to collect rent or returned any of our calls at this point I don't trust thus situation and di.t want to live here. What ate my options

Kas DeCarvalho
Kas DeCarvalho
answered on Aug 3, 2017

Well...if you don't have a written agreement, then what you technically have is a month-to-month lease...and what the rent is supposed to be is admittedly a bit of a mystery, but at worst, it's the rent from your old/other apartment. Typically that would be decided by the history of what... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Rhode Island on
Q: My lease ended in Rhode Island however the landlord is selling the house and now I'm month to month until they decide.

Can I use the last month's rent from the lease to pay for the first month's rent of the month to month?

Kas DeCarvalho
Kas DeCarvalho
answered on Aug 3, 2017

The shortest, best answer is..."it depends on the terms of the Lease Agreement." But based on your question, I suggest that the answer is, "probably not." Let me clarify a few points, though: First, as you know, many State statutes permit landlords to charge both a... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My landlord is claiming he didn't know I lived there, but returned contact. Does this establash the law of acknowledge?

My roommate didn't pay the rent for two months, so I had to reach out to the landlord to get the truth as my roommate covered up lies with lies. I'm basically collateral damage in this. I'm disabled because of siezures and can't move by Monday like he's asking. And my... View More

Neville Bedford
Neville Bedford
answered on Jul 25, 2017

Take a good look at the lease. Does it permit subletting? Do you have one? You may have to take your roommate to small claims court if they defrauded you by renting you an apartment they did not have any right to rent to you.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can my landlord evict me if i havent broken the lease?

I received an eviction notice, not from a court but from a property managing company. The notice does not state the reason for eviction and when i asked the landlord her answer was that shes evicting me because i dont clean, which isnt true.

Neville Bedford
Neville Bedford
answered on Jun 25, 2017

There is a procedure for eviction for reason other than non-payment of rent. Retain an attorney to defend you if you wish to stay there.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: In Rhode Island my landlord threatens to fine me for things like leaving the gate open or having a grille.

Nowhere on the lease does it state this

Neville Bedford
Neville Bedford
answered on Jun 11, 2017

Leaving gates open may be a problem of varying severity depending on whether there are pets or livestock in your area. Try to work it out between you, If it becomes UN-tenable, look for another location in which to dwell.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: In RI. What do I have to do in order to terminate my tenants mo. to mo. lease, and how much of a notice is required?

I would like to do renovations and don't want her as a tenant .

Neville Bedford
Neville Bedford
answered on Jun 11, 2017

If they will not willingly vacate, it may be time to file "EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT" Any one of our friendly attorneys would be well able to assist you in navigating that process.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My landlord had a past due water bill he said i had to pay my own water bill but it was in his name and they shut it

now i have no running water because they didnt pay there payment plan on there past due balance what can i do if anything

Neville Bedford
Neville Bedford
answered on Jun 8, 2017

If you can afford to pay it, pay it and deduct the cost from your rent. Check with your landlord first to be sure he is agreeable to this arrangement. If he is not, hire an attorney to assist you in advocating for your rights.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Ive been trying to get my.landlord to fix a broken widow it does not lock and is the window in my daughters room

Ive been on them for several months threw letters and phone conversations what are my options by the way they gave me a board to put in the track to stop the window from opening

Neville Bedford
Neville Bedford
answered on Jun 8, 2017

If you like, you may explore a "repair and deduct" option. This is especially well done when the landlord consents to your offer to repair the problem and deduct it from your rent.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: we pay for electric,water & sewer but he uses our electric and water for his garage & his company comes to stay there?

Landlord has us paying All utilities even when he uses it for his garage and even has friends staying there hooked up to our electric & water in a large camper for a few months. Verbally he said he would pay difference but now he recants that. Told him his fence was falling for months &... View More

Neville Bedford
Neville Bedford
answered on Jun 8, 2017

It sounds like you may need to hire an attorney to assist you with these disputes.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: How do you get a tenant removed that refuses to vacate the premises?

Tenant was notified in writing more than 60 days in advance that their lease will not be renewed. Tenant has not vacated and refuses to leave.

Neville Bedford
Neville Bedford
answered on Jun 5, 2017

You will need to "take them to court" This is most effectively done with an experienced attorney. Once the eviction is complete, they will help you gain the appropriate papers to effect and execution, from thence, the premises should be yours.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: 20 day eviction motion to assign 3/30/17. Trial set 4/11/17 Will tenant have to vacate on 4/19?

2 separate families occupying 2 units (3 family home) holdovers from a foreclosure. Former owner moved out of 3rd unit and washed his hands of the property 2 years ago but told tenants as long as they paid the water bill they could stay. Tenants replaced the hot water heater last year and have... View More

Neville Bedford
Neville Bedford
answered on May 3, 2017

If that is what the judge orders, that will be the order of the court. Of course, your attorney will have more specific instructions for you to ensure you don't get caught in some procedural trap for the unwary and untrained.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Two years ago my landlord wrongfully withheld my security deposit, ignorant to what i know now can i tak him to court?
Neville Bedford
Neville Bedford
answered on May 3, 2017

Of course you can. Whether or not you will prevail is a whole different question that will depend on the facts and circumstances that caused you to realize this 2 years later.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Q: I have a couple that their lease will expire in 45 days, just now the husband asked my permission to change the locks

because he caught his wife cheating and does not want her in the apartment anymore, is this correct or should I wait til the lease expired to extend him a month to month under his name only ? any legal problems for the landlord?

Neville Bedford
Neville Bedford
answered on May 3, 2017

If she is on the lease, you may have to evict her as there are penalties for self help from a landlord such as changing the locks.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: My child was involved in a domestic violence situation my spouse is in jail my landlord kicked me out the next day

Is this legal

Neville Bedford
Neville Bedford
answered on May 3, 2017

That's difficult to answer with the very limited facts here. If your landlord filed an eviction case in the court and followed the law, it may be legal. If they did not, it may not be.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: Can my landlord evict me for accidentally stopping up toilet due to "negligence"? Said I'd have to pay plumber.

I accidentally dropped the toilet paper holder in the toilet while it was flushing, & it went down. Now it's not flushing properly. My landlord said it was "negligent" of me, and that I would have to pay the plumber. I'm on Section 8, but this is his private apartment... View More

Neville Bedford
Neville Bedford
answered on May 3, 2017

You seem to admit that you clogged the toilet with the toilet paper roller. Read the lease carefully. You may end up being responsible for the removal of the foreign object from the toilet costs. Also, don't bring your phone in the bathroom.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: 20 day eviction motion to assign 3/30/17. Trial set 4/11/17 Will tenant have to vacate on 4/19?

2 separate families/3 units, holdovers from a foreclosure. Fmr owner moved out of 3rd unit and washed his hands of the prop 2 years ago but told tenants; as long as they paid the water bill they could stay. Tenants replaced the hot water heater last year and have done minor maintaince and snow... View More

Neville Bedford
Neville Bedford
answered on Mar 30, 2017

With something this important, it will be worth investing in the services of a good attorney to assist in making sure your case goes smoothly. You have made a substantial investment in this property and should seriously hiring an attorney who can help ensure you will be able to possess and enjoy... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Rhode Island on
Q: Tenants randomly sent service dog certificate & going to get a dog No pet lease. 4mo here w/o it? Not disabled they work

Tenanancy has been terminated for 4/2017. Sent in Feb. also didn't pay rent. Many police reports for domestic disturbances. My other tenants are very angry! Now says needs her dog that she's had. My paying tenants will leave of her boxer shows up tomorrow. I've started eviction. What... View More

Neville Bedford
Neville Bedford
answered on Mar 21, 2017

In the 9 days remaining in the month, you might contact the animal control officer while you are awaiting their departure. see https://www.animallaw.info/article/faqs-emotional-support-animals

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