Rhode Island Subordination Provision

State:
Multi-State
Control #:
US-OL20022A
Format:
Word; 
PDF
Instant download

Description

This office lease is subject and subordinate to all ground or underlying leases and to all mortgages which may affect the lease or the real property of which demised premises are a part and to all renewals, modifications, consolidations, replacements and extensions of any such underlying leases and mortgages. This clause shall be self-operative.

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FAQ

Harassment is considered a breach of the covenant of quiet enjoyment which can cause legal issues with tenants. Examples of harassment include: When a landlord drops into the property with no notice. When a landlord turns up early in the morning or late at night for an inspection.

Quiet enjoyment means that you have use of the property without anyone bothering you or interfering with you. Peaceful means that you would have no disturbances from any source.

In every tenancy there is an implied right if not an express covenant that promises that the tenant is able to possess the premises, not just without noise, 'quiet enjoyment'? as the term implies, but in peace and without 'without disturbance by hostile claimants'?, including from the landlord.

When you get a mortgage loan, the lender will likely include a subordination clause essentially stating that their lien will take precedence over any other liens placed on the house. A subordination clause serves to protect the lender if a homeowner defaults.

In some cases, a tenant may also be able to terminate the lease if the breach of 'quiet enjoyment' is severe enough. Similarly, for a breach of the covenant not to be a 'derogation from grant', a tenant may seek damages or an injunction.

Rhode Island Tenant Rights and Responsibilities A right to: Live in peace and quiet enjoyment. Live in a habitable home. Be provided with advance warning prior to the termination of their periodic lease or rental agreement.

In Rhode Island, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

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Rhode Island Subordination Provision