My daughter who is pregnant, two year old son, and husband who had a 1 year lease come due in February, and for one reason or another, the lease was not re-signed, landlords, always postponed, or there was something going on. In any event, now 6 months without a lease (this is a one family house in RI), my son in law mentioned to the land lord that they were filing bankruptcy in order to get their credit back quicker so they could buy this home (this is a rent to home situation). Two days later, after learning they filed bankruptcy (ALWAYS) paid their rent on time without fail, they are given 45 days to leave due to "uncomfortability" if that is a word with their financial situation. Is this legal and what can they do?
How do they handle it. They are meeting with these people tomorrow to be given "papers" which they said they will not sign (my daughter and her husband), and a sign will be going up on the house "for rent". Does my daughter have to have people trapsing through the house with the landlords to show it while they are their. This is rediculous and unfortunate.
Country relating to Question: United States
State (if USA): Rhode Island
Nothing. This is new and my daughter and her family are beside themselves.
Welcome! Thank you for your question.Once the lease expired the tenants became "hold over" tenants. Essentially (if they pay their rent monthly) the law sees them as month to month tenants that can be evicted upon 30 days notice. Unfortunately the law allows the eviction with the 45 days notice here. Unless the lease contract specifically states that "hold over" tenants are treated differently.
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It seems to be this is too easy for sthe landlords. I have researched online and it seems to be a bit more difficult to evict than just because. If it is not for non-payment, it seems to be a bit more difficult especially with children living there. Your answer seems pretty scary actually knowing there is no security for tenants. So what you are saying "hold over" tenants can be "evicted" put on the streets for no cause. Seems kind of unfortunate.
Unfortunately the lease is up. This is not an eviction. The lease has terminated and has not been resigned. Tenants, even with children, can unfortunately be put on the street when the lease is up. A landlord is under no obligation to continue the lease at the end of the term. The lease term is only 30 days now.
The lease was up in February. So now the lease term is 30 days. They were given the lease to review but the landlords are busy (doctors) and did not sign it yet not for the past 6 months, yes there is no lease, so for 6 months they were "hold over" tenants because the lease was not signed. In any event, I guess it is oh well, too bad, see ya, good-bye. They have no recourse and a landlord can just choose to not rent to you anymore for no reason without any reason. Seems to be a bit odd and unfair, with all "equal rights" around.
Unfortunately now their lease term is based on when they pay their rent. If it is monthly then their lease is monthly. The lease essentially ends every month. This is a very difficult situation but the law unfortunately only protects the tenants during the term of the lease.
Over 15 years legal experience.
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