R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 34-18-52 (2026)

Payment of rent during pendency of appeal

✓ current as of July 2026
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Whenever an action for the recovery of real property is pending on appeal in the superior or supreme court, the tenant in the action shall pay to the landlord sums of money equal to the rent for the premises, which the sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall their receipt be deemed to reinstate the tenancy.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1990–2026 · leading case: Russo v. Fleetwood, 713 A.2d 775 (R.I. 1998).
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Russo v. Fleetwood, 713 A.2d 775 (R.I. 1998). · cites it 3× “Landlord thereupon moved to dismiss the appeal pursuant to G.L.1956 §§ 34-18-52 and 34-18-53. Fleet-wood objected to the motion to dismiss and, upon receiving her SSI check, paid June’s rent the following day.”
Chalet Nominee Trust v. Ryan, 672 A.2d 464 (R.I. 1996). · cites it 2× “1956 (1995 Reenactment) § 34-18-52, which requires that a tenant, in this ease Ryan, shall promptly pay rent during the pendency of an appeal.”
Pioneer Investments, LLC v. Nicole McKiernan (R.I. 2026). · cites it 17× “Specifically, Pioneer argued that under § 34-18-53, “in the event that a tenant fails to make prompt payment of all sums when due, pursuant to [§ 34-18-52], the Court in which the appeal is pending shall, upon the motion of the landlord and proof of such nonpayment, enter an…”
Tortolani v. Staradumsky, 570 A.2d 671 (R.I. 1990). “1956 (1984 Reenactment) § 34-18-52, as amended by P.L.1986, ch. 200, § 2.”
Brooks v. Hill, 667 A.2d 1262 (R.I. 1995). “— In the event that the tenant shall fail or refuse to pay all such sums promptly when due, in accordance with the provisions of § 34-18-52, the court in which said case is pending, shall, without any trial on the merits, on the motion of the landlord, and after hearing thereon,…”
Deutsche Bank Nat'l Trust Co. v. Morales, 185 A.3d 549 (R.I. 2018). · cites it 2× “4 *550 On appeal to the Superior Court, a justice of that court entered separate orders as to Alan and Karen, indicating that their appeals had been dismissed for failure to comply with G.L. 1956 § 34-18-52, which requires payment of rent during the pendency of an appeal.”
Fed. Nat'l Mortg. Ass'n v. Marsha S. Jacavone (R.I. 2021). · cites it 7× “” Thus, the trial justice found in the order dismissing defendant’s appeal that she “failed to meet the requirements of G.L. 1956 § 34-18-52”—which requires a tenant to pay rent during the pendency of an appeal—and accordingly dismissed her appeal and remanded the matter to the…”
Tara Mae Naughton v. Billy Guilloteau (R.I. 2019). · cites it 6× “After reviewing the record and the transcript, we decline to consider the merits of tenant’s claim because she has failed to make her rent payments while the appeal is pending, in accordance with G.L. 1956 §§ 34-18-52 and 34-18-53. Section 34-18-52 directs that: -2- “Whenever an…”
Watson v. Quick, 105 A.3d 98 (R.I. 2015). “General Laws 1956 § 34-18-53 provides: "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,…”
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