2015 -- S 0428

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LC001424

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Senators Ciccone, Felag, Lombardi, Jabour, and Doyle

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-49 of the General Laws in Chapter 34-18 entitled

"Residential Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-49. Payment of rent on stay of execution. – (a) Whenever, in any action for the

recovery of real property, the issuance of an execution, or the service of an execution, is stayed by

order of the court or by the operation of law, the stay shall be conditioned upon the payment by

tenant to the landlord of sums of money equal to the rent for the premises, which 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 the receipt thereof be deemed to reinstate the tenancy.

     (b) Whenever, in any action for the recovery of real property, the issuance of an

execution results from the failure of the tenant to appear resulting in a default, the tenant shall

have fifteen (15) days to appeal and make full payment to the landlord pursuant to subsection (a)

of this section. If the tenant fails to make full payment, the execution shall not be stayed, and the

tenant shall have five (5) days thereafter to remove any and all personal property from the

dwelling unit; otherwise, the moving and storage costs shall be the financial responsibility of the

tenant if removal and storage is undertaken by the landlord.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would require full payment for all rent due and payable upon the issuance of a

stay of execution and would establish the rights and obligations of tenants and landlords relating

to the removal of a tenant's personal property when an execution is obtained by default and not

stayed.

     This act would take effect upon passage.

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