guest home

[beachlover]

Jurisdiction

Rhode Island

I rented my property to a couple, the property includes, main house, garage with guest house above it and barn. The guest house is not a legal apartment it is intended for guests on a weekly basis in summer but they are allowing their adult child to live in it and requiring me to fix things like doors etc because they are worried about daughters heating cost etc.. what is my obligation ? and can they hold rent back if I do not fix these things ?

 

[ElleMD]

If it isn't intended to be inhabited, they should not be inhabiting it. you do not have to fix up the property to their preference.

 

[army judge]

I rented my property to a couple, the property includes, main house, garage with guest house above it and barn. The guest house is not a legal apartment it is intended for guests on a weekly basis in summer but they are allowing their adult child to live in it and requiring me to fix things like doors etc because they are worried about daughters heating cost etc.. what is my obligation ? and can they hold rent back if I do not fix these things ?

I suggest you either repair things, cut them a deal (pay them to leave), make the repairs bringing the unit up to code. In the end, that may NOT be enough to get out of this mess.
Why?
Because, they'll probably report you and your illegal rental unit, and it'll cost you fines, fees, and costs.
I also suggest you investigate penalties for violation of local ordinances when you rent unapproved housing to humans!

You should really discuss all of this with a real estate attorney in your county. This is not a small problem. Even if you correct things, it could still end up being extremely costly.

If you created the illegal apartment, the Rhode Island Landlord Tenant Act has a section that addresses the issue: RIGL 34-18-22.2 (Link Below) It makes YOU, the landlord liable for your moving costs of your tenant(s) to a legal nearby apartment.

2012 Rhode Island General Laws :: Title 34 - Property :: Chapter 34-18 - Residential Landlord and Tenant Act :: Chapter 34-18-22.2 - Landlord's duty regarding compliance with zoning and minimum housing laws.

Rhode Island General Laws > Chapter 34-18 - Residential Landlord and Tenant Act - LawServer


Here's the law on illegal rental units in your state:

http://www.brown.edu/Administration/Auxiliary_Housing/documents/LTHandbook.pdf

Top 10 Landlord Legal Responsibilities in Rhode Island | Nolo.com