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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

1,067 chars
Thus the General Assembly afforded landlords the right to demand rent during an appeal period while no longer entitling landlords to resort to self-help or other unscrupulous practices. Specifically, § 34-18-44 prohibits a landlord from recovering or taking possession of a dwelling unit through self-help recovery whereas § 34-18-46 prohibits a landlord from retaliating against a tenant for the tenant’s decision to exercise his or her rights. Despite these provisions protecting tenants, however, chapter 18 also protects the landlord’s right to demand rent when it is due. Actions for eviction that are due to nonpayment of rent are strictly regulated by statute, see § 34-18-35, and although designed to be efficient and expeditious, the statute nonetheless imposes a significant burden upon a landlord who must wait for an order granting him or her the right to possession of the dwelling. The simple fact is that the only requirement for the tenant to maintain the appeal is to “pay all sums promptly when due.” This, Fleet-wood concedes, she was unable to do.