Warwick Housing Authority v. McLeod, 913 A.2d 1033 (2007)

Citation: Warwick Housing Authority v. McLeod, 913 A.2d 1033 (2007)
Parent Document: Warwick Housing Authority v. McLeod, 913 A.2d 1033 (2007)
Jurisdiction: Rhode Island (state)
Effective Date: 2007-01-18
Original Source: https://www.courtlistener.com/opinion/1515955/warwick-housing-authority-v-mcleod/ ↗

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Barbara McLeod (defendant or McLeod) appeals from a judgment of the Superior Court in favor of the Warwick Housing Authority (WHA or plaintiff) evicting her from her apartment in Meadowbrook Terrace, a subsidized housing complex in Warwick. The defendant contends that because WHA, after giving her notice of termination, continued to accept rent without preserving its right to terminate the lease, was thereby precluded from pursuing the ejectment action and that the motion to dismiss should have been granted by the trial court. The WHA counters that because McLeod was aware of the eviction proceedings against her, it was entitled to accept her rent without reservation. The trial justice agreed with WHA and entered judgment for the plaintiff. McLeod has timely appealed. This case came before the Supreme Court for oral argument on December 4, 2006, pursuant to an order directing the parties to appeal’ and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and we proceed to decide the appeal at this time without further briefing or argument. For the reasons stated in this opinion, we reverse the judgment of the Superior Court. I Facts and Procedural History

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