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Rhode Island Real Estate Law Questions & Answers

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... Read more »

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 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 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 Elder Law and Real Estate Law for Rhode Island on

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

Neville Bedford answered on May 3, 2017

They should read that contract they signed to get the money.

1 Answer | Asked in Real Estate Law and Estate Planning for Rhode Island on

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

My ex-husband and I jointly owned a house in RI but he completed a quit claim deed but in his will, leaves this said house to his girlfriend? is this possible?

Vincent Gallo answered on Apr 21, 2017

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

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

The room does have a window, and is just big enough for a twin bed and dresser.

Neville Bedford answered on Feb 6, 2017

Are you the renter or rentee?

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: We own a timeshare deed for a very expensive water front property with Wyndham.

We own a timeshare deed for a very expensive water front property with Wyndham. They have priced our maintenance fees into the stratosphere! We now pay more than renting a week there! Its seems they want their deed back! Do we have any rights to the property with a deed that includes: one week, one... Read more »

Neville Bedford answered on Jan 2, 2017

Caveat emptor ... "maintenance fees into the stratosphere" are not uncommon. There is now an emerging market to resell these "fractional ownership" interest though you will not likely recoup your total investment nor sunk costs. At least you should be able to sell it and stop the maintenance fees... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: Seller agent is holding down payment on house due to an inflated quote of minor damage. How do you resolve this matter?

Small index size hole in ceiling tile in attic. Roof had been leaking onto ceiling tile and finger went through moistened area of tile. An exorbitant estimate of $1,300 was quoted by a painter to the home owners for repair to tiny hole and painting of entire second floor rooms. They are holding... Read more »

Neville Bedford answered on Aug 21, 2016

Meet with an attorney to discuss the costs of litigating the issue. . . $1300 may seem like a bargain.

1 Answer | Asked in Estate Planning and Real Estate Law for Rhode Island on

Q: My husband's sisters are trustees of the family trust. They have quick deeded the property to themselves as trustees

Individually before the estate has been settled. My husband is beneficiary, as are his two sister. Is this legal? Will he be offered fair market value for the property? Is this a conflict of interest?

Neville Bedford answered on May 7, 2016

It sounds like it is a perfect time for your husband to meet with, and retain, an attorney to advocate for his rights.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Rhode Island on

Q: Is it illegal to bury your deceased dog/cat on your property?

Neville Bedford answered on May 7, 2016

If you own the property, probably not. However, it would be prudent to check the ordinances for your particular town.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: Rhode Island fencing laws between backyards

what is the law regarding fences between property in backyard residential neighborhoods as far as property lines and height

Neville Bedford answered on Oct 13, 2015

These are probably best found in the town ordinances. https://www.municode.com/library/ri

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: Separated,looking to buy house in RI. Only my name on the mortgage and title.Would that be consider marital asset?

Neville Bedford answered on Aug 24, 2015

Talk to your attorney to ensure the asset is acquired in a manner that it shan't be deemed marital.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: If a party in a deed (fee simple condition subsequent) breaks a condition of the deed, what rights does that party?

Meaning, would the party who broke the condition in the deed be considered a trespasser, tenant in sufferance, or something else?

Neville Bedford answered on Aug 24, 2015

Excellent question to review with your local real estate attorney with the deed in hand describing the condition subsequent and evidence of the breach along with documentation of all incidental and consequential damages including a careful review of all liquidated damages and specific performance... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: $3000.00 penalty to the government for not living there. Is this true?

Neville Bedford answered on Aug 24, 2015

It depends on the federal law what the agreement you signed says. Bring that to your trusted local attorney and sort it out.

Or, review the contract and Federal Laws yourself http://www.ecfr.gov/cgi-bin/ECFR?page=browse

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My name is not on the mortgage or deed of a house my spouse owns. Am I responsible for the mortgage if he dies?

My husband has named his children from a former marriage in his will to receive that house. We do not live there. We live in a condo which is in my name only and to which only I have the mortgage. I have no interest in that other house and worry that I, being his wife, will get stuck with the... Read more »

Neville Bedford answered on May 20, 2015

If they receive the house in his will, they will take it as it is, with the mortgage. If you are still nervous, and he agrees, make an appointment to meet with an estate attorney with him to go over the will and the consequences should he predecease you.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: The state airport had a voluntarily residential buyout, now its eminent domain.

RIDOT has suggested eminent domain and their just compensation offer is not even 50% of what I pay for city property taxes

Neville Bedford answered on May 12, 2015

Meet with an attorney and retain them to represent your interests. Eminent domain is not usually considered a suggestion.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: How do I add a beneficiary to the deed for my home?

Neville Bedford answered on May 12, 2015

Meet with an attorney, and discuss the procedure/effects/benefits and risks of joint ownership. This may be what you need.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: What is the process for evicting a sibling from an estate home of which he is one third owner?

My brother will not move from an estate home so it can be sold. The house is deteriorating and he is a hoarder. My other brother and myself want him evicted so the home can be cleaned and sold. Do we have any right to evict?

Neville Bedford answered on May 12, 2015

This sounds like a situation that may be best addressed to the attorney representing the estate in the Probate court.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: What does it mean by real estate attachment for back excise tax from another city ?

Does that also mean they can come take my home and sell it for 7,000 ?

Neville Bedford answered on Mar 27, 2015

When you have a problem like this, it is best to see an attorney and consult with them to advise you. Bring all of the relevant paperwork to your meeting.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: In the sale of real estate in a guardianship situation, if court approves the sale, is there always an appeal period?

If so, how long is it?

Neville Bedford answered on Mar 27, 2015

When you have a problem like this, it is best to see a real estate and probate attorney and retain them to assist you.

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: Can a Condominium Board in RI force unit owners to obtain their own home insurance policy at their own cost?

Unit owners cause damages to their own units by being negligent and expect the Condominium Association to cover the cost of repairs through the association's insurance policy.

Neville Bedford answered on Mar 27, 2015

When you have a problem like this, it is best to see an attorney to review the condominium documents and retain them to assist you.

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