Pioneer Investments, LLC v. Nicole McKiernan

Summary

The Rhode Island Supreme Court reviewed the dismissal of Nicole McKiernan’s Superior Court appeal from an eviction judgment for failure to pay a portion of September 2024 rent. The Court held that the applicable statutes required payment when the next rent installment became due, not payment of a prorated amount accruing between the eviction judgment and the next due date. Because McKiernan vacated the premises before the landlord sought dismissal based on alleged nonpayment of May 2025 rent, the action was no longer one for recovery of real property, and the Court quashed the dismissal order and remanded for consideration of damages.

Holdings

1. Section 34-18-52 requires a tenant during the pendency of an appeal to pay rent on the next date rent would be due and in the amount then due under the tenancy; it does not require payment of a per diem share accruing between the filing of the appeal and that next due date.
2. Once McKiernan vacated the premises before Pioneer's motion to dismiss the writ, the pending matter was no longer an action for recovery of real property, so §§ 34-18-52 and 34-18-53 did not require dismissal based on alleged nonpayment of May rent.

Questions Presented

1. Whether Rhode Island General Laws § 34-18-52 required McKiernan to pay the per diem portion of September 2024 rent accruing between entry of the District Court judgment and the next monthly rent date, such that failure to pay required dismissal of her Superior Court appeal under § 34-18-53.
2. Whether §§ 34-18-52 and 34-18-53 applied after McKiernan vacated the premises, despite Pioneer's contention that she remained liable for May 2025 rent.
3. Whether § 34-18-52 applies to a writ of certiorari.

Disposition

quashed