Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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Although the notice of nonpayment was properly served upon the defendant, this notice was not effective because it contained erroneous amounts and amounts not yet due under the lease. These issues promoted the confusion between the parties and delays in performance as evidenced by subsequent communications concerning plaintiff's billing statement and interest calculation errors. The plaintiff had a duty to serve upon the defendant a proper notice of termination as a necessary condition precedent to the plaintiff's maintaining this action of trespass and ejectment under the terms of the lease. Abbenante v. Giampietro,75 R.I. 349, 66 A.2d 501 (1949); 49 Am.Jur.2d Landlord and Tenant § 303 (1995) (As a general rule, a demand for rent due, the nonpayment of which may constitute a default under the lease, must be the precise amount of rent due.). The evidence indicates the notice of nonpayment contained erroneous amounts for operating expenses and interest due, and a demand for expenses not yet due. This supports a finding that the notice of nonpayment was not proper. The erroneous amounts demanded and subsequent confusion and disagreement between the parties in rectifying these errors led to delays in the defendant's ability to cure the nonpayment.

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