RI - end of term lease; LL not willing to allow holdover

[admante]

I've been living in the current apartment for a year and been searching for a house since early in this year. My lease on the apartment expires at the end of the month and I've only recently found an acceptable house whose sellers have accepted my offer. Since there is no way to have the sale closed within the end of this month, I have asked my LL to change my lease into a month to month arrangement after it expires, but he has refused. I've been a good tenant, as far as I know: rent was always paid on time and I am neither loud nor destructive. Now, there is no way that I'll be renting another apartment for just a month or two before moving into the new house, can I stay in my apartment after the lease expires?

Having read through much of RI law on this, I think I'm supposed to get a notice 3 months before the end of the lease stating that the LL does not wish to renew but I have not received such a notice. Am I entitled to stay in the apartment until 3 months after he sends it then?

I really don't want to have to go through an eviction process not because of the stain on the record, but because of all the fees and trouble it would bring both the LL and I. I feel that the LL is being unreasonable in this matter though and unless unforeseeable circumstances cause the house deal to fall through, I should be out of the apartment in 2 months or so. Unless the court proceeds at a very fast pace, wouldn't I be out before the hearing?

Anyway, thanks for reading. I hope I can get this resolved painlessly.

[AFFA]

I wish to inform you that laws of your state will determine your rights. Generally you are entitled to eviction notice before you can be terminated. In this regard if your landlord intends to bring lease to n end then lease termination notice is required. If your landlord does not give you notice then he may not evict you. Further once your lease ends then your lease will become month to month tenancy automatically if there is no lease agreement and you are in possession of lease premises.

AFF

[admante]

Originally Posted by AFFA I wish to inform you that laws of your state will determine your rights. Generally you are entitled to eviction notice before you can be terminated. In this regard if your landlord intends to bring lease to n end then lease termination notice is required. If your landlord does not give you notice then he may not evict you. Further once your lease ends then your lease will become month to month tenancy automatically if there is no lease agreement and you are in possession of lease premises. AFF

That's good to know. However, if he does go through the eviction process, about how long would that take from filing to the serving of the eviction (if successful)?

[sandyclaus]

Originally Posted by admante That's good to know. However, if he does go through the eviction process, about how long would that take from filing to the serving of the eviction (if successful)?

First of all, be sure to read over your lease VERY CAREFULLY to see if it has a holdover clause and/or an automatic renewal clause. A Holdover clause may determine your right to holdover after the end of the lease term, and in many cases, it can include a rent increase that becomes effective as of the first day of holdover. An Automatic Renewal clause is exactly what it says - it automatically renews the lease at the end of the current term unless either tenant or LL provides written notice of their intent to terminate within the legally prescribed timeframe prior to the end of the current lease expiration date.

From what I read, the LL is required to provide you with 3 months' notice of his intent NOT to terminate the tenancy at the end of a yearly lease. This notice must be IN WRITING, and received no less than 3 months' prior to the end of the lease. Since you have not received this notice, and if your lease does not have an automatic renewal clause, most leases are assumed to convert to a month-to-month tenancy at the end of a fixed term lease. A month-to-month tenancy can be terminated with no less than 30 days' notice.

If you remain in possession after the end of the current term, the best you can hope for is that the LL provides you a 30-day notice to terminate. You do not get to stay another 3 months. LL cannot begin the formal eviction procedure until the end of the legal notice period.

As far as the timeframe from filing to actual eviction by the Sheriff or Marshall, that could take anywhere from a week or two to several months, depending on the caseload and whether or not the eviction is contested.

I suggest you look over this link to see what the requirements are and what to expect from this point forward: http://www.brown.edu/Administration/...LTHandbook.pdf