SWAP Property Management et al. v. Henrietta Shepard

Summary

The Rhode Island Supreme Court affirmed a Superior Court judgment awarding SWAP Property Management and Potters Avenue Area Revitalization, LP $2,686.73 in unpaid rent, court costs, and possession of the rental property. The Court held that the defendant failed to show that the trial justice overlooked or misconceived material evidence or clearly erred in determining the amount owed. The Court also declined to consider the defendant’s contention that she was no longer in arrears as of July 19, 2024, because that assertion postdated the judgment.

Holdings

1. The Superior Court did not clearly err in finding that defendant owed plaintiffs $2,686.73, because defendant identified no material evidence that the trial justice overlooked or misconceived.
2. Defendant's contention that she was no longer in arrears as of July 19, 2024, did not establish error in the April 2024 judgment because the contention postdated the judgment and was not properly presented to the trial court.
3. An appeal to the Superior Court in a landlord-tenant action proceeds on a de novo basis.

Questions Presented

1. Whether the Superior Court clearly erred in determining that defendant owed plaintiffs $2,686.73 in unpaid rent.
2. Whether defendant could rely on her claim that she was no longer in arrears as of July 19, 2024, when that contention postdated the Superior Court's judgment and was not properly presented below.

Disposition

affirmed