State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-36-1 > 34-36-1-4-12

SECTION 34-36.1-4.12

   § 34-36.1-4.12  Conversion buildings.– (a) A declarant of a condominium containing conversion buildings, and anyperson in the business of selling real estate for his or her own account whointends to offer units in such a condominium shall give each of the residentialtenants and any residential subtenant in possession of a portion of aconversion building notice of the conversion and provide those persons with thepublic offering statement no later than one hundred twenty (120) days beforethe tenants and any subtenant in possession are required to vacate. Rents shallnot be increased during the notice period. The notice must set forth generallythe rights of tenants and subtenants under this section and shall be handdelivered to the unit or mailed by prepaid United States mail to the tenant andsubtenant at the address of the unit or any other mailing address provided by atenant. No tenant or subtenant may be required to vacate upon less than onehundred twenty (120) days' notice, except by reason of nonpayment of rent,waste, or conduct that disturbs other tenants' peaceful enjoyment of thepremises, and the terms of the tenancy may not be altered during that period.Failure to give notice as required by this section is a defense to an actionfor possession.

   (b) For sixty (60) days after delivery or mailing of thenotice described in subsection (a), the person required to give the noticeshall offer to convey each unit or proposed unit occupied for residential useto the tenant who leases that unit. Tenants shall have the right to canceltheir lease and receive no penalties for the cancellation as long as allobligations of the lease have been met. If a tenant fails to purchase the unitduring that sixty (60) day period, the offeror may not offer to dispose of aninterest in that unit during the following one hundred eighty (180) days at aprice or on terms more favorable to the offeree than the price or terms offeredto the tenant. This subsection does not apply to any unit in a conversionbuilding if that unit will be restricted exclusively to nonresidential use orthe boundaries of the converted unit do not substantially conform to thedimensions of the residential unit for conversion.

   (c) If a seller, in violation of subsection (b), conveys aunit to a purchaser for value who has no knowledge of the violation,recordation of the deed conveying the unit extinguishes any right a tenant mayhave under subsection (b) to purchase that unit if the deed states that theseller has complied with subsection (b), but does not affect the right of atenant to recover damages from the seller for a violation of subsection (b).

   (d) If a notice of conversion specifies a date by which aunit or proposed unit must be vacated, and otherwise complies with theprovisions of chapter 18 of this title the notice also constitutes a notice tovacate specified by that statute.

   (e) Notwithstanding the notice provisions of subsection (a)herein any tenant who has continuously resided in the unit for ten (10) yearsor more or any tenant who has attained the age of sixty-two (62) shall be givenone year notice. Rents shall not be increased during the notice period. Atenant as described in this subsection shall have one hundred eighty (180) dayswithin which to purchase the unit as provided for in subsection (b) and theremaining provisions of that subsection shall apply.

   (2) The owner or developer shall pay reasonable movingexpenses and costs, to any tenant who is disabled or has attained the age ofsixty-two (62), within a fifty (50) mile radius.

   (f) Nothing in this section permits termination of a lease bya declarant in violation of its terms.

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-36-1 > 34-36-1-4-12

SECTION 34-36.1-4.12

   § 34-36.1-4.12  Conversion buildings.– (a) A declarant of a condominium containing conversion buildings, and anyperson in the business of selling real estate for his or her own account whointends to offer units in such a condominium shall give each of the residentialtenants and any residential subtenant in possession of a portion of aconversion building notice of the conversion and provide those persons with thepublic offering statement no later than one hundred twenty (120) days beforethe tenants and any subtenant in possession are required to vacate. Rents shallnot be increased during the notice period. The notice must set forth generallythe rights of tenants and subtenants under this section and shall be handdelivered to the unit or mailed by prepaid United States mail to the tenant andsubtenant at the address of the unit or any other mailing address provided by atenant. No tenant or subtenant may be required to vacate upon less than onehundred twenty (120) days' notice, except by reason of nonpayment of rent,waste, or conduct that disturbs other tenants' peaceful enjoyment of thepremises, and the terms of the tenancy may not be altered during that period.Failure to give notice as required by this section is a defense to an actionfor possession.

   (b) For sixty (60) days after delivery or mailing of thenotice described in subsection (a), the person required to give the noticeshall offer to convey each unit or proposed unit occupied for residential useto the tenant who leases that unit. Tenants shall have the right to canceltheir lease and receive no penalties for the cancellation as long as allobligations of the lease have been met. If a tenant fails to purchase the unitduring that sixty (60) day period, the offeror may not offer to dispose of aninterest in that unit during the following one hundred eighty (180) days at aprice or on terms more favorable to the offeree than the price or terms offeredto the tenant. This subsection does not apply to any unit in a conversionbuilding if that unit will be restricted exclusively to nonresidential use orthe boundaries of the converted unit do not substantially conform to thedimensions of the residential unit for conversion.

   (c) If a seller, in violation of subsection (b), conveys aunit to a purchaser for value who has no knowledge of the violation,recordation of the deed conveying the unit extinguishes any right a tenant mayhave under subsection (b) to purchase that unit if the deed states that theseller has complied with subsection (b), but does not affect the right of atenant to recover damages from the seller for a violation of subsection (b).

   (d) If a notice of conversion specifies a date by which aunit or proposed unit must be vacated, and otherwise complies with theprovisions of chapter 18 of this title the notice also constitutes a notice tovacate specified by that statute.

   (e) Notwithstanding the notice provisions of subsection (a)herein any tenant who has continuously resided in the unit for ten (10) yearsor more or any tenant who has attained the age of sixty-two (62) shall be givenone year notice. Rents shall not be increased during the notice period. Atenant as described in this subsection shall have one hundred eighty (180) dayswithin which to purchase the unit as provided for in subsection (b) and theremaining provisions of that subsection shall apply.

   (2) The owner or developer shall pay reasonable movingexpenses and costs, to any tenant who is disabled or has attained the age ofsixty-two (62), within a fifty (50) mile radius.

   (f) Nothing in this section permits termination of a lease bya declarant in violation of its terms.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-34 > Chapter-34-36-1 > 34-36-1-4-12

SECTION 34-36.1-4.12

   § 34-36.1-4.12  Conversion buildings.– (a) A declarant of a condominium containing conversion buildings, and anyperson in the business of selling real estate for his or her own account whointends to offer units in such a condominium shall give each of the residentialtenants and any residential subtenant in possession of a portion of aconversion building notice of the conversion and provide those persons with thepublic offering statement no later than one hundred twenty (120) days beforethe tenants and any subtenant in possession are required to vacate. Rents shallnot be increased during the notice period. The notice must set forth generallythe rights of tenants and subtenants under this section and shall be handdelivered to the unit or mailed by prepaid United States mail to the tenant andsubtenant at the address of the unit or any other mailing address provided by atenant. No tenant or subtenant may be required to vacate upon less than onehundred twenty (120) days' notice, except by reason of nonpayment of rent,waste, or conduct that disturbs other tenants' peaceful enjoyment of thepremises, and the terms of the tenancy may not be altered during that period.Failure to give notice as required by this section is a defense to an actionfor possession.

   (b) For sixty (60) days after delivery or mailing of thenotice described in subsection (a), the person required to give the noticeshall offer to convey each unit or proposed unit occupied for residential useto the tenant who leases that unit. Tenants shall have the right to canceltheir lease and receive no penalties for the cancellation as long as allobligations of the lease have been met. If a tenant fails to purchase the unitduring that sixty (60) day period, the offeror may not offer to dispose of aninterest in that unit during the following one hundred eighty (180) days at aprice or on terms more favorable to the offeree than the price or terms offeredto the tenant. This subsection does not apply to any unit in a conversionbuilding if that unit will be restricted exclusively to nonresidential use orthe boundaries of the converted unit do not substantially conform to thedimensions of the residential unit for conversion.

   (c) If a seller, in violation of subsection (b), conveys aunit to a purchaser for value who has no knowledge of the violation,recordation of the deed conveying the unit extinguishes any right a tenant mayhave under subsection (b) to purchase that unit if the deed states that theseller has complied with subsection (b), but does not affect the right of atenant to recover damages from the seller for a violation of subsection (b).

   (d) If a notice of conversion specifies a date by which aunit or proposed unit must be vacated, and otherwise complies with theprovisions of chapter 18 of this title the notice also constitutes a notice tovacate specified by that statute.

   (e) Notwithstanding the notice provisions of subsection (a)herein any tenant who has continuously resided in the unit for ten (10) yearsor more or any tenant who has attained the age of sixty-two (62) shall be givenone year notice. Rents shall not be increased during the notice period. Atenant as described in this subsection shall have one hundred eighty (180) dayswithin which to purchase the unit as provided for in subsection (b) and theremaining provisions of that subsection shall apply.

   (2) The owner or developer shall pay reasonable movingexpenses and costs, to any tenant who is disabled or has attained the age ofsixty-two (62), within a fifty (50) mile radius.

   (f) Nothing in this section permits termination of a lease bya declarant in violation of its terms.