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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Monteiro v. Bjartmarz, 723 A.2d 786 (1998)

Citation
Monteiro v. Bjartmarz, 723 A.2d 786 (1998)
Parent Document
Monteiro v. Bjartmarz, 723 A.2d 786 (1998)
Jurisdiction
Rhode Island (state)
Effective Date
1998-10-01

Full Text

587 chars
The defendants assert that the trial justice misinterpreted the applicability of § 34-18-46, which prohibits retaliatory conduct, in ruling that because the eviction was commenced after the expiration of the lease, it was not retaliatory. The defendants contend that their complaint to a governmental agency within six (6) months before the notice to terminate, created a presumption that the plaintiffs’ conduct was retaliatory. The trial justice found that the plaintiffs’ conduct was reasonable, and that therefore they had overcome the presumption set forth in the statute. We agree.