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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Russo v. Fleetwood, 713 A.2d 775 (1998)

Citation
Russo v. Fleetwood, 713 A.2d 775 (1998)
Parent Document
Russo v. Fleetwood, 713 A.2d 775 (1998)
Jurisdiction
Rhode Island (state)
Effective Date
1998-06-17

Full Text

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This section clearly provides for the dismissal of an appeal upon a showing by the landlord of nonpayment of rent. It is mandatory and contains no provisions for the exercise of discretion concerning the circumstances of nonpayment, no matter how compelling the circumstances may be. We decline Fleetwood’s suggestion to carve out an exception for persons who are financially unable to pay rent pending appeal. Although we sympathize with Fleetwood and any other tenant who is simply unable to pay rent, we decline to fashion a rule designed to give relief only to those living on fixed incomes. We recognize that there are many unfortunate tenants in our state who for any number of equally worthwhile reasons are simply unable to pay rent on time during the pendency of an appeal taken pursuant to the provisions of § 34-18-47.