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The residential tenant was informed her move out date is…

Customer Question
The residential tenant was...

The residential tenant was informed her move out date is today. She was informed a month ago and has used her security deposit as her last month rent. She text me today and said she needs more time to move out. What do I do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Rhode island

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The 1 year lease expire in January and she is paying each month.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can we go to the apartment tonight and insist they move out. They do have a place they are renting. She said her husband is working late and not Abe to finish moving their things

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/28/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. Have you filed an eviction with the court?

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Customer reply replied 3 months ago
NO
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

You provided notice to the tenant, however, the tenant is still residing in the apartment. Is that correct?

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Customer reply replied 3 months ago
CAN YOU advise me
Customer reply replied 3 months ago
Can you answe my question
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

"Summons and Complaint for Nonpayment of Rent

After the 6th day after mailing the notice and the tenant has not paid the rent, the landlord must file and serve a Summons and Complaint for Nonpayment of Rent. The Summons will provide the date and time of the hearing and advise the tenant that an Answer may be filed before or at the time of the hearing. The Summons and Complaint must be served by either a process server or sheriff’s deputy.

If an Answer is filed before the hearing and the tenant wishes to conduct discovery, the court may continue the hearing to allow a reasonable time for discovery to be completed. Discovery is defined as scheduling depositions and/or submitting written interrogatories and requests for documents to the landlord. The court may order that interim rent be paid during this period." https://www.landlordguidance.com/eviction-notice-forms/rhode-island-eviction/

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

"The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord is not the one who actually evicts the tenant. This can only be done by a law enforcement officer with a court order. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for trying. Illegal Eviction Procedures in Rhode Island has more information.

The landlord might find that after the tenant has been evicted, the tenant has left behind personal property. If the landlord believes the personal property has value, then the landlord should not just get rid of the property. The landlord should store the property in a safe location and try to contact the tenant, allowing the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property within a reasonable amount of time, then the landlord can dispose of the property." https://www.nolo.com/legal-encyclopedia/the-eviction-process-rhode-island-rules-landlords-property-managers.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago

You can sue the tenant for all amounts owed to you for rent and damages. The only issue is that if the tenant will not vacate willingly you would need to evict them.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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