Rhode Island Default Remedy Clause

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Multi-State
Control #:
US-OL14031
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Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.


The Rhode Island Default Remedy Clause is a legal provision that addresses the consequences and remedies available in the event of a default by one party under a contract. It is an essential element of contract law in Rhode Island and plays a crucial role in protecting the rights and interests of the parties involved. Under the Rhode Island Default Remedy Clause, specific remedies are predetermined and agreed upon by the parties at the time of contract formation. These remedies come into effect when a party fails to fulfill its obligations or breaches the terms of the contract. The clause ensures that the non-defaulting party is adequately compensated for any losses or damages suffered as a result of the default. There are several types of Rhode Island Default Remedy Clauses, each serving a unique purpose and offering different remedies. Some notable types include: 1. Liquidated Damages Clause: This type of clause sets a predetermined amount of damages that the defaulting party must pay to the innocent party in the event of non-performance or breach. The purpose of a liquidated damages clause is to establish a reasonable estimate of the actual damages the non-defaulting party would suffer, simplifying the process of quantifying losses. 2. Specific Performance Clause: This clause compels the defaulting party to fulfill its contractual obligations as agreed, rather than merely providing monetary compensation. Specific performance is typically sought in cases where the subject of the contract is unique or where monetary damages would not adequately remedy the harm caused by the breach. 3. Termination Clause: This type of clause grants the non-defaulting party the right to terminate the contract in the event of a default. Termination usually releases both parties from their future contractual obligations, allowing them to pursue alternative options or remedies. 4. Cure Period Clause: This clause provides the defaulting party with a specified time period within which they can remedy the breach or default. The non-defaulting party may be required to provide written notice of the breach and an opportunity to cure before pursuing further legal action or remedies. It is crucial for parties entering into contracts to carefully consider and negotiate the terms of the Rhode Island Default Remedy Clause to ensure that their rights and interests are protected. Consulting with legal professionals can help in drafting and including the most appropriate provisions for their specific contract, taking into account the nature of the agreement, potential risks, and desired remedies.

The Rhode Island Default Remedy Clause is a legal provision that addresses the consequences and remedies available in the event of a default by one party under a contract. It is an essential element of contract law in Rhode Island and plays a crucial role in protecting the rights and interests of the parties involved. Under the Rhode Island Default Remedy Clause, specific remedies are predetermined and agreed upon by the parties at the time of contract formation. These remedies come into effect when a party fails to fulfill its obligations or breaches the terms of the contract. The clause ensures that the non-defaulting party is adequately compensated for any losses or damages suffered as a result of the default. There are several types of Rhode Island Default Remedy Clauses, each serving a unique purpose and offering different remedies. Some notable types include: 1. Liquidated Damages Clause: This type of clause sets a predetermined amount of damages that the defaulting party must pay to the innocent party in the event of non-performance or breach. The purpose of a liquidated damages clause is to establish a reasonable estimate of the actual damages the non-defaulting party would suffer, simplifying the process of quantifying losses. 2. Specific Performance Clause: This clause compels the defaulting party to fulfill its contractual obligations as agreed, rather than merely providing monetary compensation. Specific performance is typically sought in cases where the subject of the contract is unique or where monetary damages would not adequately remedy the harm caused by the breach. 3. Termination Clause: This type of clause grants the non-defaulting party the right to terminate the contract in the event of a default. Termination usually releases both parties from their future contractual obligations, allowing them to pursue alternative options or remedies. 4. Cure Period Clause: This clause provides the defaulting party with a specified time period within which they can remedy the breach or default. The non-defaulting party may be required to provide written notice of the breach and an opportunity to cure before pursuing further legal action or remedies. It is crucial for parties entering into contracts to carefully consider and negotiate the terms of the Rhode Island Default Remedy Clause to ensure that their rights and interests are protected. Consulting with legal professionals can help in drafting and including the most appropriate provisions for their specific contract, taking into account the nature of the agreement, potential risks, and desired remedies.

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(b) The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in § 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice.

Rhode Island law allows a landlord to deduct the following: ? Unpaid rent owed by the tenant. ? Reasonable cleaning expenses, excluding ordinary wear and tear. ? Reasonable trash disposal expenses.

Pursuant to RI law, to evict a month-to-month tenant, a landlord must send a 30 day notice to terminate the month to month tenancy. When the 30 day time period expires, then the landlord or the landlord's Rhode Island eviction lawyer may file a complaint for eviction in Providence District Court.

Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination is the responsibility of the owner.

Generally, as a property owner, you are responsible for pest and vermin control (such as rats, mice and termites). The exception being that the presence of the pest was caused by your tenant's poor housekeeping or lack of cleanliness.

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If the rent is not paid after the five days, the landlord goes to the local district court clerk's office (or has an attorney do so) to request and fill out the ... May 18, 2012 — Termination; (a) Tenant shall not at any time during the Term of this Lease become in default of any material provision of this. Lease; (b) ...(c) The notice shall be in writing and shall conspicuously state the rights of the consumer upon default in substantially the following form: The heading shall ... May 7, 2019 — After identifying a contractual basis, the next step is to review the actual mechanics of the default or termination process in the franchise ... by JJ FITTANTE JR · 2009 · Cited by 7 — The franchisor looks to the applicable law and the franchise agreement for the number of days required to cure the default or to terminate the agreement and ... Rhode Island and Wisconsin decrease to 10 days in the case of monetary defaults. ... the cure provisions were unreasonable and impossible to achieve in the time. Jan 25, 2023 — Once signed, it is a legally binding contract for how your LLC will handle major procedures, including voting, transferring membership interest, ... Oct 25, 2018 — This seminar examines remedies when the lease is breached. Often landlords and tenants believe they have an “iron clad” remedy to come to ... "Mediation" is a voluntary, non-binding dispute resolution method involving a neutral third party who tries to help the disputing parties reach a mutually ... Section 10-3-2 - Agreements to arbitrate subject to chapter. When clearly written and expressed, a provision in a written contract to settle by arbitration ...

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Rhode Island Default Remedy Clause