Legal Question in Landlord & Tenant Law in Rhode Island

tenant Laws

We have almost a year left on our lease and our real estate agent has recently requested per our landlord to show our house to a potential renter. Legal do we have to agree? or do we have rights to say no. We do not feel this is a reasonable request being that our lease is not up for 8 months.


Asked on 1/04/07, 8:09 pm

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

Re: tenant Laws

Sir/Madam:

While I don't like to assume, I'll take a leap of faith that you refer to a residential dwelling unit subject to the RI Landlord Tenant Act.

In that case, first check the lease. Some leases specify a particular period prior to the expiration of the term during which time landlord may "show" the leased premises.

Second, the Act includes the following pertinent provision directly on point and pretty much self-explanatory.

"� 34-18-26 Access. � (a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or [SS/HERE'S THE KEY PART... ] exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

...

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of his or her intent to enter and may enter only at reasonable times.

..."

The question does not specify the term of your lease. But even if it were a single one year term - just 4 months past and 8 remaining, unless there were evidence that the landlord was acting in bad faith - just trying to bother you - then I suggest it is not unreasonable for the landlord to show the premises a few times even with 8 months left.

Hope this helps.

Thanks,

Scott

________

Scott Summer, Esq.

General Counsel

LAWYERS COLLABORATIVE

T | 401.467.7771 Ext 12 F | 401.633.7100

E | [email protected] W| www.lawyerscollaborative.com

The Calart Tower | 400 Reservoir Avenue | Suite 3A | Providence RI 02907

THIS EMAIL MESSAGE CONSTITUTES A CONFIDENTIAL AND/OR PRIVILEGED COMMUNICATION, is intended only for the use of the addressee, and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If the reader is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail and delete this message and all attachments from your system. NOTE: There is some risk that non-encrypted e-mail may be intercepted and read by third parties. You may wish to SEND PARTICULARLY SENSITIVE INFORMATION BY CONVENTIONAL MEANS, such as U.S. Mail or a courier service.

Excellence in Service to New England Business and Individuals since 1968

Read more
Answered on 1/04/07, 10:07 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Rhode Island