Legal Question in Real Estate Law in Rhode Island
tenant responsibility for zoning laws on rental property
Is a tenant responsible for zoning laws on property they rent? Newport, RI law states that no more than 5 unrelated persons may live in a housing unit. 6 of us rented a summer house not knowing this law and we have know received a summons from the zoning officer? Are we responsible or is our landlord?
1 Answer from Attorneys
Re: tenant responsibility for zoning laws on rental property
Both are responsible but in different ways, under Mass. laws. It COULD be different in RI, I just don't know. Here the landlord can be accused of (in our zoning terminology, I think) operating a rooming house or a boarding house even though he may rent to one group of X with a lease. The tenants could probably be evicted; I don't know if there's some sort of fine (or crime!) for the tenants, but I've never heard of one. But I don't know RI law or Newport ordinances, either.
It seems like your question is nearly moot. Isn't the rental period over in a few days? When is the summons for?
Who do you think reported it? The landlord probably didn't blow the whistle, so it must have been a neighbor, perhaps a jealous ol' person you didn't invite to your parties! Well, it doesn't matter.
I suggest you at least call the landlord, talk it over with him, and also call the zoning officer (but not admitting or acknowledging anything -- keep it theoretical, perhaps, but be very nice and solicitous of his help and opinions). Tell him that you intend to be gone before the hearing (right?) but that you want to have something from him in writing showing you aren't going to be fined or have a warrant out for your arrest if you're gone and you default (default = no show to whatever you were summonsed to). That's my feeling. Don't let it just drop because the zoning officer says it will be alright, verbally.