L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)

Citation: L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Parent Document: L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Jurisdiction: Rhode Island (state)
Effective Date: 1995-07-20
Original Source: https://www.courtlistener.com/opinion/4113866/ltf-financial-services-inc-v-si... ↗

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The Rhode Island Supreme Court has held that a mortgagor in possession following a foreclosure sale is a tenant at sufferance. Hebden v. Antonian, 518 A.2d 1362 (R.I. 1986);Johnson v. Donaldson, 17 R.I. 107, 108, 20 A. 242, 243 (1890). In the case at bar, the District Court has exclusive original jurisdiction of an action to evict a tenant at sufferance holding over after a foreclosure sale pursuant to R.I.G.L. § 8-8-3 (2), not pursuant to § 31-18-7 as the parties assert. An appeal of such a decision to the Superior Court would then be pursuant to R.I.G.L. § 9-12-10 as a trial de novo. See R.I.G.L. § 9-12-10. See Oaks v. District Court, 631 F. Supp. 538 (D.R.I. 1986). Accordingly, the case at bar is properly before this Court as an eviction action. Further, this Court finds that Plaintiff's complaint was general enough to encompass a common law eviction action of Defendant as a tenant at sufferance and that it sufficiently informed her of the nature of the actions.1 All that is required is that the complaint give the opposing party fair and adequate notice of the type of claim being asserted.Haley v. Town of Lincoln, 611 A.2d 845 (R.I. 1992).

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