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The Scuppers This is a new forum for the not necessarily fishing related topics...

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Old 04-05-2010, 11:17 PM   #1
JohnnyD
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I'm no lawyer but I did take a few real estate classes a few years ago so take the following with that in mind...

Take pictures and, like spence said, make sure absolutely everything is documented. Also, don't give them anything.

I'm not exactly sure how the leasing laws are in RI, but in MA with no signed lease and a verbal or written agreement, you'd be considered a tenant-at-will. To terminate, either party must give one full month's notice. If you're security deposit was the same as one month's rent, then you'd be all set for the month of April. The notice is suggested to be by certified mail with a signature receipt, however their letters to you (which should be dated) could help demonstrate when you gave notice.

If you have the terms for the W/D hookups and the extra that you were paying for it in the emails, I'd save them and pay the $75 or whatever it is to take them to small claims court.

And if you don't want to take them to small claims, I'd make a couple phone calls to the housing board and tell them about everything you encountered. For instance, did the guy pull permits before drilling the whole in the drywall for a dryer exhaust duct?

I wouldn't worry too much about their fake copy of the lease agreement. All pages should be initialed by the signer and then signed and dated on the last page. Otherwise, how can they prove that they actually provided it to you?

One last thing, when you turn in your keys, bring a written receipt for them to sign and date. That will define the exact date that you moved out in case they try to lie about what date you were officially off the premises.

If you own an iPhone, I'd have it in your pocket with the voice memo recording every one-on-one encounter. Probably not admissible though.

Like I said, I'm no lawyer but the above is what I'd do based on my limited knowledge of MA real estate laws.

Good luck with it all and Congrats on the soon-to-be new addition to the family.
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Old 04-07-2010, 07:34 AM   #2
FishnGrega
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Quote:
Originally Posted by JohnnyD View Post
If you own an iPhone, I'd have it in your pocket with the voice memo recording every one-on-one encounter. Probably not admissible though.
a recorder is acceptable as long as one other person knows that they are being recorded. ie if you have them sign your receipt at the move out and have an lengthy conversation saying they are going to have to pay for your washer and dryer etc etc have your girlfriend there with you and record it.

I did this when I had a problem with my downstairs neighbors, I talked to a cop I worked with when I was doing my internship a couple years ago and he told me that it was acceptable in court as long as someone else knew they were being recorded. I mentioned this to our "residence manager" and chit got resolved real effing quick.

security deposits are for unpaid rent or damages "exceeding one months rent". Look at tenant laws for RI. I had a problem with my "landlord" when I was moving out back in December. I don't feel like getting into it but I effing hate renting now.
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