R.I. Gen. Laws ch. 34-18 § 34-18-53
Dismissal of appeal for nonpayment of rent during pendency of appeals
Operative Text
In the event that the tenant fails or refuses to pay all sums promptly when due, in accordance with the provisions of § 34-18-52, the court in which the case is pending, shall, without any trial on the merits, on motion of the landlord, and after hearing thereon, including satisfactory proof of such nonpayment, enter an order for the entry of judgment and the issuance of the execution and the prompt service thereof, and from that order there shall be no appeal. The papers shall be forthwith returned to the district court which shall upon payment of the required fee, issue an execution without further delay.
Rhode Island General Laws § 34-18-53 establishes a procedural consequence for tenants who fail to keep up with rent payments while an eviction-related appeal is pending. Under this provision, if a tenant does not pay all amounts owed as they come due during the appeal period, the court handling the appeal may—on the landlord's motion and after a hearing with proof of nonpayment—enter a judgment and order execution without conducting a full trial on the merits. Critically, the order issued under § 34-18-53 is itself not appealable, and the case is returned to the district court for prompt issuance of execution once the required fee is paid.
Plain English — not legal advice.
Property owners and managers involved in an active appeal should be aware that § 34-18-53 provides a procedural mechanism when a tenant stops making required rent payments during the pendency of that appeal. A compliant and diligent operator typically tracks whether payments required under § 34-18-52 are being made on time, preserves documentation of any missed or refused payments, and brings a timely motion to the appropriate court with satisfactory proof of nonpayment. Because the resulting order carries no further right of appeal, operators generally ensure their documentation is thorough before seeking relief under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 34-18-53, tenants who have an appeal pending should understand that continuing to pay all rent amounts as they come due—consistent with § 34-18-52—is critical to preserving the appeal. If a court finds, after a hearing, that required payments were not made, it can enter a judgment and order execution without a full trial, and that order cannot itself be appealed. Tenants who have questions about their payment obligations during an appeal, or who believe a landlord's motion under this section is improper, may wish to consult a tenant-rights organization or legal aid provider familiar with Rhode Island housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation