Tenat Gave Notice - Now Wants to stay - New Tenant Coming!

[noisefrazzle]

Tenant Gave Notice - Now Wants to stay - New Tenant Coming!

What is the name of your state? RI

Hi All:

Okay here is the sitch: our tenant told us in writing she would be moving out as of May 31. We put the word out that we had a rental available as of June 1 and found a good tenant within a few days. He signed a rental agreement (to begin June 1) and put his first month's rent down already to show good faith. Now, the tenant says her plans have changed and she does not want to move after all. What is our legal responsibility here? I think it is to the tenant who has signed for June 1 but don't know. Any helpful thoughts/comments appreciated.

Thanks!

 

[ENASNI]

gee

I can't believe I found this.
Frazzle my friend... put this link in your favorites, and read it if you are going to be a landlord...Okay?

http://www.uri.edu/commuter_housing/landlordtenant.pdf

Delivering possession:
At the beginning of a rental term , The landlord must make the dwelling unit available to the tenant as per the rental agreement (if a rent payment has been made). If a former tenant , or occupant in that tenant's household , has not vacated the unit although given legal notice to do so , it is the landlord's responsibility to bring a court action to gain possession.

Does that sound like the answer? I stopped there, but they might have some answers on how to bring a court action on a tenant in there too. Or do a search engine on RI's court practices.

Good luck... Boy... what a pickle... I would be writing a very firm letter to the tenant right now threatening court...

 

[treese]

You made a mistake by signing a new lease without actually having possession of the property.

You got yourself in a pickle.

The only way to legally get the current tenant out is to file for an eviction.

Eviction for unlawfully holding over after termination or expiration of tenancy.:
http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-38.HTM

The tenant that has signed the lease and given you money and now has a legal document giving him possession of the property on June 1st. However, you cannot give what you don't have.

Failure to deliver possession:
http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-29.HTM

Full Index of RI LL/T Laws:
http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/INDEX.HTM

 

[treese]

LOL Enasni ... Great minds ...

 

[Fat Tony]

if the original tenant's lease has expired, and they gave you WRITTEN notice that they are going to vacate as of 6/1/2005, you're cool. If they dont move out, you're going to have to evict, but threatening to evict them will probably do the trick, if he cares enough about his credit and rental history to give you the original notice, he probably doesnt want to screw it up with an eviction. If he just gave you an ORAL notice, and his lease has expired, its your word against his, and you are stuck with him for at least another month, give him a 30 day notice to vacate on or before 6/1/2005 with a vacate date of 7/1/2005.