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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 34-18-11

Citation
Section 34-18-11
Parent Document
Tambor v. Miller, 792 A.2d 744 (2002)
Jurisdiction
Rhode Island (state)
Effective Date
2002-02-14

Full Text

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There is no evidence in the record to demonstrate that there ever was any rental agreement, written or oral, between the Millers and Rani. The mere fact that Rani occasionally brought the Miller’s garbage out for collection, without more, is insufficient even to imply that any such agreement ever existed. Cf. Rafolin Construction Co. v. Lippman, 116 Misc.2d 926, 457 N.Y.S.2d 712 (N.Y.City.Civ.Ct.1982) (hold-’ ing that a tenant’s roommate was a legal tenant where that roommate had openly *746occupied the premises for eleven years and where the landlord had accepted rental checks from him.) Consequently, because Rani never was a party to any rental agreement with the Millers, she was not their tenant and was not entitled to receive damages, attorney’s fees or any portion of the security deposit under the Residential Landlord Tenant Act.