Legal Question in Landlord & Tenant Law in Rhode Island

My tenant left the apartment she was renting from me on 3-31-10, she did not give me a forwarding address, and did not hand in the keys.

Today 2 mths later, I got a letter from her lawyer stating that I have 5 days to give her client back her security deposit, or we will be going to court!

I was always told that if they don't give a forwarding address or hand in the keys, that I don't have to return the security deposit. Am I wrong?

Marilyn


Asked on 6/08/10, 3:10 pm

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

You are wrong. But so is the former tenant's attorney.

The landlord/tenant relationship in RI is governed by a specific statute, or law, called the RI Residential Landlord Tenant Act. The specific section of that statute here http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-19.HTM specifies that a landlord return any deposit within 20 days after the last to occur of vacating and providing a forwarding address.

While technically you may have 20 days to send notice and return any portion due, I suggest you should not delay, especially since the tenant may claim to have left a forwarding address on 3/31 - it could come down to being your word against the tenant's, which could cost you for a lawyer even if you win. And if former tenant is, in fact, entitled to a return of the deposit, returning it promptly is the right thing to do.

Best,

LawyersCollaborative

Note:� The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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Answered on 6/08/10, 6:55 pm


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