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When Your Real Estate and Estate Planning Needs Collide

Posted on October 20, 2023

At first glance, real estate and estate planning appear to be two separate areas of law. However, the subject areas often intermingle, and when you are leaving property to your loved ones the implications for both can collide. Here’s what you should know about the overlap between your real estate and estate planning needs, and how a real estate attorney can help you to navigate these complex areas of law.

For most people, a home is more than just a piece of property. It is a symbol of hard work and memories that hold both emotional and financial value. Deciding what to do with your property is a big decision. You may want to pass your property on to your loved ones as a home to live in or use as a real estate investment. Regardless of what you decide, the decision itself is a big part of your estate plan and important to address so that your property is handled properly.

Legacy Determination

You worked hard to obtain and maintain your property, and most people want to ensure that their hard work is not squandered. One of the primary considerations when owning real estate is deciding what will happen to it when you pass away. That’s why determining who will inherit your property is so important, and one of the reasons why attorneys recommend including real estate in your estate plan.

Tax Implications

The transfer or sale of real estate can have significant tax consequences. It’s important to minimize tax burdens while still making sure that your beneficiaries receive what you want them to inherit.

Family Dynamics

Unfortunately, the decisions that are made concerning real estate can create conflict among family members and loved ones. Luckily, estate planning creates an opportunity to be proactive, address potential conflicts, and leave direction to your loved ones so there is less ambiguity to decide amongst the family. You can explicitly state your wishes for your property, which ultimately makes it easier for everyone involved.

Asset Protection

Your estate plan can be essential in protecting your real estate assets from creditors and ensuring that your property transfers directly to the beneficiaries of your choice. This requires strategic planning, as failure to plan properly could land your beneficiaries in court for a Judge to decide on how your property will be handled.

A real estate attorney can help

Since real estate and estate planning must take one another into consideration, it’s best to consult with an experienced real estate attorney. He or she can help to walk you through this legal area with:

Legal Knowledge – Real estate attorneys have a deep understanding of property laws, effective conveyances, regulations, and transactions, ensuring that your estate plan aligns seamlessly with these constraints.
Asset Evaluation – The best decisions come from having all of the information. Evaluating assets can provide insight into the current and potential future value of your real estate holdings, which in turn can enable you to make informed decisions.
Tax Strategies – Since gifting real estate can have huge tax implications, strategy is important for minimizing tax liabilities and maximizing the benefits. Real estate attorneys can help come up with tax-efficient strategies.
Conflict Resolution – Should your family end up fighting amongst one another or challenging your decisions, a real estate attorney can help protect your wishes and assist with creating a clear and concise plan to carry out your wishes for your property.
Documentation and Title – A real estate attorney is responsible for ensuring that property titles, deeds, and documents are carefully prepared, comply with all legal requirements, and are effectively transferred to who you want.

PALUMBO LAW Helps Those in Rhode Island with their Estate Plans

At PALUMBO LAW, our knowledgeable Rhode Island estate planning attorneys understand Rhode Island estate planning laws and will work strategically to help our clients uphold and protect their rights. If you are in need of a comprehensive estate plan or any associated documents, we can help. To learn more or to schedule a free consultation, call us today!

Ask PALUMBO LAW: My Parents Haven’t Done Any Estate Planning. What Should They Do?

Posted on October 17, 2023

Estate planning is a critical aspect of securing your family’s future and ensuring your assets are distributed according to your wishes. Yet, many individuals, including our parents, often delay or neglect estate planning altogether. If your parents haven’t started their estate planning journey, it’s time to take action and guide them through the process. Here are answers to some common questions on how to encourage your parents to start their estate planning journey.

Q: What is an Estate Plan, and why is it important?

An Estate Plan is a set of legal documents that specify how a person’s assets will be distributed after their death and also indicates who is in charge of making decisions during the life of and after the death of a person. Having an Estate Plan in place is important because it ensures that your parents’ wishes are carried out during their life and after death. It also helps minimize estate taxes, protect assets, and avoid conflict among family members.

Without an Estate Plan in place, you may need to seek guardianship through the Court over your parents should they ever reach a point where they cannot make decisions anymore. If a parent passes away without an Estate Plan, then assets will be distributed according to the intestacy laws of the State in which they live in, rather than how your parents would want them to be distributed. A well-written Estate Plan provides guidance for what to do in the event that a person becomes incapacitated or unable to make decisions on their own behalf, and provides direction for what to do if they pass away.

Q: My parents haven’t done any estate planning. How can I approach this topic with them without causing friction?

It’s essential to approach this conversation with sensitivity and empathy. Discussing the management of assets and eventual distribution of assets can be a difficult subject for some people to talk about, or even consider. Start by expressing your concern for their well-being and the well-being of the family. Mention that you want to ensure their wishes are respected and that their legacy is protected. Then, gently approach the topic of reaching out to a lawyer so that they can get more information and explanation on the subject to determine what kind of Estate Plan may be best for your parents.

Q: What documents are typically part of an estate plan?

Estate Plans often include:

Last Will and Testament – This legal document outlines how a person wants their assets distributed, names an Executor (a person in charge of carrying out the Will), and may designate guardians for minor children.
Living Will – This legal document specifies a person’s preference for medical treatment in case they cannot communicate their wishes.
Financial Power of Attorney – This legal document gives a person the legal authority to make financial decisions on another person’s behalf if they become incapacitated or unable to make decisions for themselves.
Medical Power of Attorney – This legal document designates a person to make medical decisions on another person’s behalf if they become incapacitated or unable to make decisions for themselves.
Revocable Living Trust – This legal document can be used to avoid probate court, protect assets, and can help distribute assets to beneficiaries according to a person’s wishes. A Revocable Living Trust differs from a Last Will and Testament because it offers more protection of your assets by avoiding probate court, and you can specify how and when a particular beneficiary may receive their distribution.

Q: What steps can children take to help their parents get started with estate planning?

Educate Yourself – Learn about estate planning, so you can have an informed conversation with your parents.
Initiate the Conversation – Choose a suitable time and place to discuss the topic. Make it clear that you’re looking out for their best interests.
Recommend a Trusted Estate Planning Attorney – Suggest that they consult with an experienced estate planning attorney, like those at PALUMBO LAW, who can guide them through the process.
Offer Assistance – Offer to help gather financial information, real estate documents, or any other paperwork pertaining to their assets. If your parents are comfortable, you may want to offerto accompany them to meetings with the attorney so that the family is all on the same page.
Respect Their Decisions – Understand that your parents may have their reasons for procrastinating or specific wishes for how they want to handle these types of matters. Respect their choices, but also gently express the importance of planning ahead so that you can also respect their choices in the future.

Q: Are there any consequences to not having an estate plan in place?

Yes, there can be significant consequences, such as:

Probate Costs – Without a plan, their assets may go through probate court, which can be an expensive and time-consuming process.
Family Conflicts – Lack of clarity can lead to disputes amongst family members over asset distribution.
Inefficient Asset Distribution – Without an Estate Plan, your parent’s assets may not go to the intended beneficiaries or charitable organizations.
Tax Implications – Failure to plan can result in higher estate taxes.

Q: Can estate plans be updated or changed?

Absolutely. Estate plans should be reviewed periodically, especially after significant life events like marriages, divorces, births, or deaths. An experienced estate planning attorney can help make necessary updates.

Encouraging your parents to start their estate planning journey is an act of love and responsibility. Approach the conversation with care, provide information and support, and recommend consulting with a knowledgeable and experienced estate planning attorney.

It’s never too early to start planning, but it can quickly become too late. Help your parents take this important step toward securing their future and the future of your family.

PALUMBO LAW Helps Those in Rhode Island with their Estate Planning Needs

At PALUMBO LAW, our knowledgeable Rhode Island Estate Planning attorneys understand Rhode Island estate planning laws and will work strategically to help our clients achieve their goals and desires. If you are in need of a comprehensive estate plan or any associated documents, we can help. To learn more or to schedule a free consultation, call us today!

10 Clever Negotiating Tactics from a Real Estate Attorney

Posted on September 21, 2023

Negotiating is a really wonderful way to secure the best deals. Whether you are buying, selling, or leasing property, the art of negotiation tactics can make all the difference. Here are 10 clever negotiating tactics from a real estate attorney.

1. Identify One-Sided Terms

Sometimes contracts contain one-sided terms that could put you at a disadvantage. From contracts containing one-sided clauses to hidden fees, a strong understanding of terms can help you obtain a more balanced agreement that is in your best interest.

2. Leverage Market Research

Even before the negotiations start, it’s important to conduct your own market research. This means that you should have an idea of the current market: real estate trends, property values, and comparable sales. You can then leverage this information to put together proposals and counteroffers.

3. Establish Clear Goals

Another important negotiation tactic to keep in your pocket is to set clear objectives. It’s crucial that you establish a strategy that aligns with your goals and priorities. An experienced real estate attorney can help you establish such a strategy.

4. Negotiate Beyond Price

When we think of negotiations, one of the first things that comes to mind is price. But while price is, of course, a huge factor in any real estate deal, there are other very relevant elements. Financing terms, repairs, contingencies, and closing dates can all impact your agreement based on your needs.

5. Use Silence Effectively

One of the most powerful, and yet underutilized, tools in negotiations is silence. Silence can be very uncomfortable for people and as a result, we fill it by chatting. After you make an offer or counteroffer, it can be very helpful to remain silent and allow the other party the opportunity to respond and this will often result in decisions in your favor.

6. Highlight Your Attorney’s Expertise

Working with an experienced real estate attorney can prove extremely impactful, not only for the expertise that they can bring to you but also for the intimidation factor that they provide. When you mention that you’re working with an experienced real estate attorney to handle negotiations, it shows the other party that you are well prepared. This can impact how they approach the situation.

7. Offer Creative Solutions

Although one usually wants to compromise, this can lead to an impasse. Roadblocks often require creative solutions that can help to assuage the concerns of both parties. Skilled real estate lawyers can help brainstorm solutions, which lead to other compromises not previously considered.

8. Build Rapport

Building a positive rapport with the other party can influence them to better cooperate with you during negotiations. When the other party likes you, it can improve discussions, increase understanding, and result in reaching an agreement that is beneficial to both parties.

9. Understand the Motivations

Anytime one person understands the motivations of another person, it has the potential to help the situation. It’s important to understand where the other party is coming from so that you can tailor your negotiation strategy according to their underlying interests.

10. Be Prepared to Walk Away

One of the most difficult negotiation tactics to practice is still one of the most important: be prepared to walk away. If the terms of the agreement don’t meet your needs, you should be ready to leave the deal behind. Additionally, demonstrating that you are willing to walk away may influence the other party to meet you halfway since they don’t want to lose the deal altogether.

Mastering real estate negotiations requires a careful balance between legal expertise and strategy. By equipping yourself with these techniques you can increase your chances of getting what you want.

PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs

At PALUMBO LAW, our knowledgeable Rhode Island real estate attorneys understand Rhode Island real estate laws and will work strategically to help our clients meet their real estate goals. If you are looking to buy, sell, or lease a property, we can help. To learn more or to schedule a free consultation, call us today!

When Property Damage Occurs: Know Your Rights

Posted on September 14, 2023

Property damage can strike unexpectedly, leaving you with repair costs and potential legal complications. Whether it’s caused by natural disasters or man-made incidents, understanding your rights and the legal doctrines that apply is essential. In this blog, we’ll explore the intricacies of private property damage in Rhode Island and how having an experienced attorney can help you navigate these complexities and fight for your rights.

Property damage can occur as the result of many things such as severe weather events, accidents, vandalism, and more. When your property is damaged, whether it’s land or a home, it’s important to be aware of your legal rights and options for obtaining compensation.

Relevant Law

The relevant law that applies (and your rights) depends upon the facts and circumstances of each case.

Insurance

In cases of property damage caused by natural disasters or accidents, insurance policies may cover the costs of repair or replacement. It’s crucial to understand the terms of your insurance policy and the process for filing a claim.

Tort Law

When property damage is caused by negligence or the intentional actions of another party, the principles of tort law come into play. This involves seeking compensation for harm caused by a wrongful act or failure to act.

Landlord-Tenant Law

If you’re a tenant and the property you’re renting is damaged, Rhode Island’s landlord-tenant laws outline the responsibilities of both parties for repairs and compensation. Familiarize yourself with your lease agreement and the legal obligations it entails.

How Can an Attorney Help?

If you have suffered property damage, there are many ways in which an attorney can help. This includes the following:

An attorney can provide valuable insights into the legal doctrines that apply to your specific situation.
An attorney can guide you in collecting evidence and creating a detailed record of the damage.
If you’re dealing with an insurance claim, an attorney can assist in ensuring that your claim is accurately filed and properly documented.
If negotiations with insurance companies or other parties are required, an attorney can represent your interests and work to secure the best possible outcome.
An attorney can advocate for your rights in court and pursue legal action to recover the damages.

Property damage can greatly impact your life and leave you with financial struggles. Knowing your rights and the laws that apply in Rhode Island is crucial to obtaining compensation. An experienced property law attorney who also has knowledge of landlord-tenant law and insurance claims, can be of great assistance. He or she can guide you through the process, advocate for your rights, and work diligently to maximize your chances of being fully compensated for the damage to your property.

PALUMBO LAW Helps Those in Rhode Island with Their Property Rights

At PALUMBO LAW, our knowledgeable Rhode Island Property Law and real estate attorneys understand Rhode Island property laws and will work strategically to help our clients uphold and protect their rights. If your property has been damaged, we can help. To learn more or to schedule a free consultation, call us today!

5 Common Questions About Fire Damage Claims

Posted on April 19, 2023

Fires in the home are unfortunately all too common. That’s why it’s important to understand what causes them, and what you can do regarding the damage. Some common causes of home fires include faulty electrical wiring, cooking (leaving the stove on or an unattended candle lit), Christmas trees that are dehydrated, heating, and smoking.

1. How much damage will a fire cause?

The amount of damage each fire causes to the home is based on many different factors. It can range from smoke damage to complete destruction. It’s imperative that you have home insurance to protect you in such an event. While some causes of fires are covered under insurance, not all will be. You must ensure that the policy covers what you want prior to purchasing it.

2. Do you need to provide the insurance company with evidence?

Even if your insurance policy will cover the cause of your fire, you must provide evidence to the company in order to receive compensation for the damages. If you fail to do so, you could fail to receive any compensation. Be sure to take pictures and label them with the date taken. Consulting with an attorney can help you to know what steps to take next and how to best prepare for them.

3. How long will it take for your insurance claim to be completed?

You may be wondering how long it takes for a claim to be completed after submission. The answer: it depends. There are multiple factors that can impact when your claim will be completed. How you file your claim can affect how fast (or slow) it’s processed. Working with a fire damage adjuster and an attorney can help to speed up the time it takes for your claim to be processed. If you include all of the necessary details in your claim, it can take less than 90 days from the date that the claim is filed.

4. Do you have the right to be involved in the restoration process?

If your claim is successful, the insurance company can choose to restore your home. The good news is that you will be fully in control of how your home is restored. Your insurance company will hire experts who will do their best to restore your home to its previous state. However, it’s in your best interest to be present and pay close attention to make sure they do so.

5. Who can help you the most to recover compensation?

Hiring your own insurance adjuster can be extremely helpful in that they can provide you with an accurate assessment of the damage. Hiring an attorney can be helpful because they can then see what, if anything, the insurance adjuster failed to recognize. An attorney can also provide you with an estimate of how much it would cost to make necessary repairs.

PALUMBO LAW Helps Those in Rhode Island with Their Property Insurance Claims

At PALUMBO LAW, our experienced Rhode Island Law property insurance attorneys understand Rhode Island property damage and fire laws and will work strategically to help our clients maintain their rights. If you believe that you have a claim for fire damage, we can help. To learn more or to schedule a free consultation, call us today!

Is Your Shower Pan Leak Covered by Insurance?

Posted on April 12, 2023

Your shower is generally a place to relax, unwind, and destress. That is unless, of course, your shower pan leaks. Unfortunately, the shower pan, which serves as the floor of your shower, can be damaged, leak, and cause damage to the floor underneath it. The good news is that it’s relatively rare for this to occur. The bad news is that it may or may not be covered by your insurance policy.

If your shower pan has leaked, you can file a claim with your insurance company. The company will send out an insurance adjuster who will then come to your home and investigate the damage. However, since this individual has been hired by the insurance company, they will likely underestimate and find minimal damage so that their client (your insurance company), will have to pay out as little money to you as possible. The less money the company shells out, the more profit it will make. This is a clear incentive for making claims more difficult and spending as little money as possible.

A Public Adjuster Can Help Your Water Damage Claim

For this reason, you’ll want to get in touch with a public adjuster who can provide an honest assessment of the damages and look at your needs for purposes of adequate compensation to repair or replace what must be fixed in a quality manner. Public insurance adjusters have both the knowledge and experience necessary to bring their assessment up against that of the insurance company.

Whether your insurance company will compensate you for your shower pan at all is another story. Insurance companies generally won’t cover the damages associated with failed items. In this case, since your shower pan failed, causing the damage, it’s unlikely that it will cover the cost of the pan. But if your policy covers water damage, it will likely still cover whatever water damage was caused by it. Put simply, it’s likely that your insurance company will not cover the shower pan but will cover the cost to repair damage to the floor under it.

Always Try to Mitigate Further Water Damage

It’s extremely important to remember that if you experience water damage, you must do whatever you can (within reason) to try and prevent more damage from occurring. You can be denied any compensation if your insurance company finds evidence showing that you failed to take any actions to prevent more water damage.

PALUMBO LAW Helps Those in Rhode Island with Their Property Insurance Claims

At PALUMBO LAW, our experienced Rhode Island Condominium Law attorneys understand Rhode Island property damage and water damage laws and will work strategically to help our clients maintain their rights. If you believe that you have a claim for water damage, we can help. To learn more or to schedule a free consultation, call us today!

Can My Common Law Spouse Serve on the Board of Our Condo Association?

Posted on March 27, 2023

Your common-law spouse may be wondering if he or she can serve on the board of your condo association. This hinges on two separate issues: is your partner truly a spouse and does your association allow for spouses to serve on the board?

Is Your Partner Considered a Spouse?

If you and your partner (both at least 18 years of age) went to the courthouse or engaged in a civil or religious ceremony with a filed certificate of marriage, this is an easy answer. But what about common law marriages?

Rhode Island is one of the few states that recognize common law marriage. A common law marriage is one in which a couple may be considered married without having formally entered into a civil or religious marriage. When a couple is in a common law marriage, they are considered to be married and enjoy the same benefits of a formally registered marriage. They are married for all intents and purposes. But what constitutes a common law marriage?

Elements of a Common Law Marriage in Rhode Island

In order to establish a common law marriage in Rhode Island the following must be true:

You and your partner must have seriously intended to enter into a husband-wife relationship;
Neither you nor your partner are married to someone else; and
You and your partner must have conducted yourselves in a manner that would lead the community to believe that you are married.

Factors Considered in Determining Whether a Common Law Marriage Exists

You may be surprised to know that common law marriage doesn’t require cohabitation. Instead, it is a decision a court would make after considering the totality of the circumstances.

Factors that a court may consider include:

Whether the parties have children together
Whether the parties live together and if so, for what period of time?
Whether the parties have joint bank accounts
Whether the parties wear wedding rings
Whether the parties file their taxes jointly
Whether the parties go by the same last name
Whether the parties share assets

Does Your Condo Association Allow for Spouses to Serve on the Board?

If your partner is, in fact, a common law spouse, whether or not he or she can serve on the condo association’s Board of Directors is dependent upon the specific bylaws of the association. If the bylaws state that a spouse is entitled to serve on the board, your common law spouse would be included in that and therefore may do so. If your association refuses to let them, you may have legal options.

PALUMBO LAW Helps Those in Rhode Island with Condominium Issues

At PALUMBO LAW, our experienced Rhode Island Condominium Law attorneys understand Rhode Island condo law and will work strategically to help our clients maintain their rights. If you believe that you have your rights have been violated, we can help. To learn more or to schedule a free consultation, call us today!

Can a Buyer or Seller Cancel a Purchase Agreement After the Contract is Signed?

Posted on March 22, 2023

When you sign a real estate contract on the dotted line, you’re likely expecting that it’s a done deal. However, this isn’t always the case. Things often occur between when a purchase agreement is reached and a contract is signed and the closing date that can interrupt a real estate transaction. There are a variety of reasons why a buyer or seller wants to either delay or cancel a purchase agreement after the contract has already been signed. Rhode Island has specific statutes and regulations in place to protect everyone’s rights. Here’s what to know.

As mentioned, there are many reasons why a party may wish to back out of a real estate transaction. For instance, a buyer may run into difficulty with securing financing or a seller may realize that there has been a great increase in the value of their property.

Inspection Contingency Date and Defects

Buyers have an inspection contingency date from the date that the contract was signed by both parties to report any defects.

If any defects are found prior to the inspection contingency date, the buyer can provide notice (generally 7 days) and cancel the contract without any penalties.
Alternatively, they can ask the seller to repair the defects, provide closing cost credits, or reduce the sales price.
The seller can agree to the requests, provide a modified solution, or decline to repair the defects.
The buyer can then accept the seller’s position, continue negotiating, or cancel the transaction and get their deposit back.

Additionally, many contracts often contain an appraisal contingency clause that allows the buyer to back out of the deal if the appraised value of the property is lower than the purchase price. If this is the case, the buyers will have until the appraisal contingency date.

The Case of Quillen v. Cox

A Rhode Island Superior Court case helps to illustrate what can happen when a party wishes to back out of their agreement. In this case, the prospective buyers of a home brought a breach of contract claim against the seller who had allegedly refused to carry out the transaction on the closing date.

As a state court, this court had the right to grant equitable relief, or the ability to force one of the parties to do something. In this case, the plaintiffs were ready to carry out the transaction and even had the purchase price in escrow waiting to complete it. The Superior Court found that the defendant’s reasons for failing to carry out the transaction on the closing date (he was dealing with a $600 unpaid water bill and the deposit was paid to the buyer’s broker) were not enough and ordered the defendant to complete the sale of the property.

Deals Can, In Fact, Fall Through

While the court in this case ordered the completion of the sale, this isn’t always the outcome. It’s a real possibility that a deal can fall through when the court weighs all of the evidence and finds that the defendant’s reasons are justifiable. Unfortunately, this can result in unexpected additional expenses.

PALUMBO LAW Helps Those in Rhode Island with Their Real Estate Needs

The process of closing on a real estate property can be really confusing and very detailed. If you are looking to buy or sell real estate in Rhode Island, it can be in your best interest to consult with a knowledgeable and experienced Rhode Island real estate attorney who knows the ins and outs of the closing process.

At PALUMBO LAW, our experienced Rhode Island Real Estate lawyers will walk our clients through the entire closing process and will work to protect your interests. We will ensure that your rights are protected. To learn more or to schedule a free consultation, call us today!

The Process of Eviction Lawsuits

Posted on February 16, 2023

When you have breached your obligations concerning your lease, you can be evicted by your landlord. In Rhode Island, there is a specific process for eviction lawsuits. Here are the main steps of the process.

1. The eviction notice is served.

The first step in an eviction lawsuit is that the landlord will provide an eviction notice to the tenant. The notice must be in writing and must be sent through the mail; it cannot be given in person.

2. The tenant can respond to the notice.

Once the tenant has received the eviction notice, he or she generally has a right to cure the breach by remedying the cause of the breach. For example, if the tenant has past-due rent, he or she can pay it to cure the issue. During this period of time, the landlord is not permitted to take any action.

Non-Payment

The landlord must provide a 15-day grace period to pay the rent after it was due. When the notice was sent, it must state that the rent is now more than 15 days late and that the eviction will occur if the money is not paid within five days.

Non-Compliance with the Rental Agreement

The landlord must provide a 20-day notice to the tenant, which must state the nature of the breach and what the tenant must do to cure it in order to avoid eviction. However, if the tenant has already breached the lease within the last six months, he or she will forfeit the right to cure it.

Possession of Property Beyond Lease

If a tenant has remained in possession of the unit beyond the time period of the lease without the permission of the owner, the landlord is required to provide a notice of 10 days for a week-to-week tenancy; 30 days for a month-to-month tenancy; at least three months-notice for a year-to-year tenancy. The eviction notice must also tell the tenant to vacate the premises and remove their personal property by the date listed on the notice.

3. The landlord takes legal action.

If the breach has not been cured, then the landlord can commence the official eviction process by filing an eviction for non-payment of rent or for noncompliance with the rental agreement.

Eviction for Non-Payment

For an eviction for non-payment, the complaint must state the following:

Plaintiff is the owner or landlord of the premises where the tenant resides;
The tenant is more than 15 days late in rent;
The amount of rent;
The term the rent must be paid;
The total amount due at the time the complaint was drafted;
The landlord served the required 5-day notice;
A copy of the notice;
The date the notice was mailed;
The tenant hasn’t paid the rent and remains in. possession of the rental unit; and
The landlord requests judgment for possession of the premises and back rent in the amount listed on the complaint.

Non-Compliance with the Rental Agreement

For an eviction for non-compliance with the rental agreement, the complaint must state the following:

Plaintiff is the owner or landlord of the premises where the tenant resides;
The tenant breached their obligations under the rental agreement as included in the notice;
A copy of the notice;
The date the landlord mailed the notice;
The landlord mailed the notice to the tenant;
The tenant hasn’t cured their breach;
The tenant has remained in possession of the property; and
The landlord requests judgment for possession of the premises and for the amount claimed as well as an explanation of the amount.

4. The landlord has the tenant served.

The landlord will then issue a summons to the tenant explaining that legal action has been taken against them. The summons includes the court, address, and hearing date, and explains that the tenant has 20 days to provide an answer in order to avoid default judgment against them if they don’t respond to the complaint.

5. There is an eviction hearing.

Next, the parties will attend the hearing, with each side presenting their case. The court will then rule in favor of either the landlord or tenant. Should the court rule in favor of the landlord, the tenant must vacate the property or appeal within five days.

6. The landlord requests a writ of execution.

The purpose of a writ of execution is to provide the tenant with the date by which they are required to leave the property and take their belongings. The writ of execution is also given to the sheriff who is able to forcibly remove the tenant if necessary.

PALUMBO LAW Helps Those in Rhode Island Who Need to Pursue an Eviction Lawsuit

There’s no doubt that evicting a tenant can be an extremely stressful and overwhelming time. You want to be sure that you do everything correctly the first time around. That’s where a real estate attorney can help.

At PALUMBO LAW, our experienced Rhode Island real estate lawyers can help to walk you through the eviction process. We have deep experience working with both landlords and tenants. If you are planning on evicting a tenant, or if have already had your eviction hearing and have been denied on a technicality, we can help. To learn more or to schedule a free consultation, call us today!

Types of Smoke Damage that Can Happen in Your Home

Posted on February 9, 2023

Fires in your home or business can be extremely devastating. Not only do they cause your property to go up in flames, but they also create lingering smoke damage, which can be very bad. Smoke damage, which can cause issues even weeks after the fire, is categorized into four different types: 1) dry smoke; 2) we smoke; 3) protein residue; and 4) fuel/oil residue. Each type of smoke damage is the result of the specific facts of each fire, such as its temperature, location, and the materials that fueled it. It’s important to know which type of smoke damage you have, as each one requires a slightly different restoration process.

Dry Smoke

Dry smoke is the result of high-temperature fires that burn quickly and are usually fueled by wood or paper. You can often tell that smoke damage is from dry smoke because it doesn’t create any streaks when it’s wiped up. The good news is that because of this, it’s relatively easy to clean up. The downside of dry smoke is that because it is more powdery in texture, it can fall into cracks in your home or business. When the residue falls into cracks, the odor can be difficult to get rid of without professional assistance. Luckily, the smell isn’t as bad as some of the other types of smoke.

Wet Smoke

Wet smoke is the result of low-temperature, smoldering fires. When you burn rubber or plastic, it can produce wet smoke. Unfortunately, wet smoke smells very strong despite having few flames. Still, the smoke that results is thicker and blacker than some other types of smoke. With a dense and sticky residue, it can easily smear when you wipe it and will cover much of your home or business. It’s not easy to clean on your own and generally requires professional assistance.

Protein Residue

Protein residue is the result of lower-heat fires during which organic material evaporates. Protein residue often occurs from kitchen fires. One of the biggest issues with protein residue is that while you can’t really see it, it can permanently discolor certain surfaces. Additionally, while it’s hard to see it’s not hard to smell.

Fuel/Oil Residue

Fuel/oil residue, also referred to as petroleum residue, is the result of fires that occur where petroleum products are stored. Because of this, it’s rarer to have this type of smoke. However, it’s important to note that you can experience fuel/oil residue even without the presence of a real fire. Furnaces can experience an issue wherein they fail to properly ignite, instead releasing smoke into the nearby space. Fuel/oil residue can be extremely difficult to clean due to its dense and sticky texture. It also has a very strong odor.

If you have suffered smoke damage after a fire, there are a few things that you can do. With smaller fires, you can generally get rid of the smoke residue from your items without having to replace them. If the smoke residue is worse you can try to resurface your items (e.g., re-carpeting, re-painting, etc.). And in the most extreme cases, you will have to replace all of your items that have been damaged. While the cost is high, you won’t be able to get rid of the smell otherwise.

PALUMBO LAW Helps Those in Rhode Island with their Fire Damage Claims

When you are already concerned with physical and emotional healing for you and your loved ones, the last thing you feel like dealing with is a fire damage claim denial. That’s where a qualified fire damage attorney can help.

At PALUMBO LAW, our experienced Rhode Island Property Insurance lawyers work strategically to help our clients to get what they deserve. We have deep experience working with insurance companies and understand how to deal with them. If you are planning on filing a fire damage claim or have already filed your claim and been denied, we can help. To learn more or to schedule a free consultation, call us today!