Rhode Island Tenant Rights with an Eviction Due to Sale
Most landlords have a mortgage on their property, which they use their tenants' rental payments to help them pay. If a landlord defaults on the mortgage, however, the bank may foreclose on the property and sell it to a new owner. Tenants in Rhode Island do not have to worry about losing their homes in this situation, as Rhode Island law requires banks to notify them of the sale in advance and cannot evict any tenant who began his tenancy at least 30 days before receiving notice of a foreclosure sale.
10-Day Notice
Homeowners in Rhode Island must provide tenants with 10 days of notice prior to evicting them after a sale. The new landlord cannot simply send over movers to evict the tenants or demand they leave immediately. After the 10-day notice has expired, if the tenants do not leave the premises at the end of the 10-day period, the landlord must file a lawsuit to evict the tenants.
Named on Notice
After the property is sold, the new owners must name each person in the eviction notice whom they wish to evict. If a person's name is not on the eviction notice, the new owners do not have the right to evict that person, even if the person happens to be on the premises at the time the lawsuit is filed to evict tenants from the property.
Pre-Foreclosure Notice
If a bank forecloses on a rental property because the landlord does not pay the mortgage as required, the bank must provide notice of the foreclosure sale to all tenants at the same time as it provides notice of the foreclosure sale to the landlord. The notice states the date and time of the sale as well as informing tenants of the impending sale. As of 2011, pre-foreclosure notices must be written in both English and Spanish.
Right to Remain
If a tenant entered a rental agreement at least 30 days before receiving notice of the foreclosure sale, the new owners cannot evict the tenant until the end of her lease. The new landlord must send each such tenant a notice informing her of the sale and giving her the right to remain. The notice, which must be written in English and Spanish, must also inform the tenants of where to send rent payments. Tenants who do not have a lease at the time of a sale are converted to month-to-month tenants.
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