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.
1 Answer from Attorneys
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
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