Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)

Citation
Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)
Parent Document
Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)
Jurisdiction
Rhode Island (state)
Effective Date
2000-12-26

Full Text

848 chars
The termination notice at issue here complies with state regulation § 34-18-35 and in fact uses most of the precise language suggested in § 34-18-56, but it failed to meet the higher standard required by the regulation for federally subsidized housing set forth in 24 C.F.R. § 247.4(a)(1) and paragraph 23(c) of tenant’s lease. An examination of the record persuades us that both the federal regulation and lease clearly require an explicitly-stated date for termination of the lease. Because service of a valid and proper notice to quit is a condition precedent to maintaining a trespass and ejectment action, plaintiff failed to properly invoke the jurisdiction of the court. See Abbenante v. Giampietro, 75 R.I. 349, 353, 66 A.2d 501, 503 (1949) (holding that tenancy is not terminated without proper notice, regardless of landlord’s intention).