Legal Question in Real Estate Law in Rhode Island

Jurisdiction for cross-state small claims

I rented a house for a week in Rhode Island and left after the 1st day due to a rodent infestation. I had paid the rental upfront. The realtor will not refund the fee so I would like to file a suit in small claims court. I live in Connecticut and the Realtor is a corporation in Rhode Island. I am confused as to where I can file suit in small claims court. Can I file in Connecticut or do I have to file in Rhode Island? Can I do both? Is this considered a ''Landlord - Tenant'' claim?


Asked on 10/05/02, 9:02 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Jurisdiction for cross-state small claims

Since the property, the lease and the realtor are all in RI, you have to file there. I don't know if RI has a separate housing small claims court (CT does in some districts) or if all small claims cases are lumped together. My guess is that RI would treat this as a landlord/tenent (housing) matter, but I don't know RI law. Ask the small claims clerk (although they traditionally won't give you legal advice). It's probably imperative that you have some hard proof of the infestation (a witness who will actually go to court with you, a complaint and inspection by the Housing Authority, photos, etc.)

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Answered on 10/07/02, 9:10 am


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