Rhode Island Real Estate Law Questions & Answers

Q: can a landlord tow my vehicle without notice?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Answered on Feb 27, 2019
Neville Bedford's answer
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. Then, you will have a place to put your rental vehicle.

Q: How do I apply for a homestead estate exemption?

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Jan 29, 2019
Neville Bedford's answer
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 from attachment as set forth in § 9-26-4, an estate of homestead to the extent of five hundred thousand dollars ($500,000) in the land and buildings, or personal property that the owner uses as a residence,...

Q: What are the laws in Rhode Island about heat in a rental property?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on Jan 29, 2019
Neville Bedford's answer
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 from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover...

Q: In the process of purchasing the multi tenant home I am currently in.I want to purchase tenant free.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Answered on Jul 5, 2018
Neville Bedford's answer
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.

Q: A judgement was made on land but not boundaries lines lawyer and judge ignored evidence available and met and spoke of

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on
Answered on Jul 5, 2018
Neville Bedford's answer
If you received an unfavorable decision, and you believe the Judge was mistaken, talk to your attorney about the viability of filing an appeal.

Q: I am purchasing a property that is an Estate Sale in RI the seller have to remedy dangerous conditions related to HVC

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Jun 9, 2018
Neville Bedford's answer
If the value is such that it is not in your interest to consummate the deal, one of your options may be to cancel the sale. This will depend on the conditions you wrote in the P&S agreement. Consult with an attorney to evaluate your position.

Q: My dad owns his house we live in free an clear..He never married my mom so I don't have his last name.

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Jun 9, 2018
Neville Bedford's answer
A meeting with a practicing Trusts and Estates attorney would be his best investment at this time before contemplating any transfers without professional, confidential advice.

Q: I want to sign the deed of my home over to my son...I own my home out right and have no plans of selling it...

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on May 27, 2018
Neville Bedford's answer
Speak to an attorney to discuss the impact of what you are considering. It may turn out that what you need is a will. There are tax implications you should consider as well. There are ways to achieve what you desire without having to give the house to him all at once.

Q: If I am still on the deed to the house my ex- husband and I owned in RI but he has passed, do I still own the house.

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Apr 26, 2018
Vincent Gallo's answer
You own half of the real estate and your ex-husband estate owns the other half of the real estate.

Q: I have found out that my equity line/lien of 10 years is not recorded on title at city hall. Do I have to pay them?

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Apr 1, 2018
Vincent Gallo's answer
Yes, because no doubt, you simultaneously executed a Note.

Q: Am I held liable for all the rent if my roommate moves out and breaks lease

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on Feb 17, 2018
Neville Bedford's answer
You may be. Talk to your landlord and see if they are OK with you getting a new roommate.

Q: Okay I have a situation for you. Well my boyfriend signed a mortgage for my brother and his wife (I know) BAD IDEA. So

1 Answer | Asked in Real Estate Law for Rhode Island on
Answered on Jan 11, 2018
Neville Bedford's answer
Your boyfriend was very kind to guarantee your brother's mortgage. I am sorry your brother is ill. If he sells the property, your brother will be needing a new place to live. If he also owns the other lots you speak of, he can do with them as he wishes. I hope this doesn't strain your relationship with your boyfriend too badly. 30 cats is a bit excessive. Your boyfriend would be well advised to consult with an attorney to assist in the eviction of your brother, his wife, and the cats.

Q: if there's no executor of an estate can a tenant be thrown out?

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on Nov 20, 2017
Neville Bedford's answer
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 navigating the process.

Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

1 Answer | Asked in Family Law, Real Estate Law and Probate for Rhode Island on
Answered on Sep 22, 2017
Ben F Meek III's answer
If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your...

Q: Is it possible that a older sibling can be power of attorney . But cannot do anything without the others consent

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on
Answered on Sep 10, 2017
Kenneth V Zichi's answer
Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.

If what is going on is that someone has petitioned to become executor/personal representative and wants the other siblings (who each have equal rights to act) to 'sign off' and allow one person to handle the tasks, that is common and certainly appropriate under most circumstances, but it MIGHT cause issues if things are not...

Q: 20 day eviction motion to assign 3/30/17. Trial set 4/11/17 Will tenant have to vacate on 4/19?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on May 3, 2017
Neville Bedford's answer
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.

Q: I have a couple that their lease will expire in 45 days, just now the husband asked my permission to change the locks

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on May 3, 2017
Neville Bedford's answer
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.

Q: With A Reverse Mortgage, does the" home owner/ occupant " have the right to re-purchase or sell the home?

1 Answer | Asked in Elder Law and Real Estate Law for Rhode Island on
Answered on May 3, 2017
Neville Bedford's answer
They should read that contract they signed to get the money.

Q: If two people own a home jointly and one completes a quit claim deed, can they still will that home to others?

1 Answer | Asked in Real Estate Law and Estate Planning for Rhode Island on
Answered on Apr 21, 2017
Vincent Gallo's answer
He no longer has an ownership in the real estate to "will" to anyone. You still own your share, however to do with as you see fit.

Q: Can a room with no closet be rented as a bedroom in Rhode Island?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on
Answered on Feb 6, 2017
Neville Bedford's answer
Are you the renter or rentee?

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