2003 -- S 0469
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD TENANT ACT
Introduced By: Senator Michael J. McCaffrey
Date Introduced: February 13, 2003
It is enacted by the General Assembly as follows:
SECTION 1. Section 34-18-48 of the General Laws in Chapter 34-18 entitled
"Residential Landlord and Tenant Act" is hereby amended to read as follows:
34-18-48. Execution. -- If no appeal is claimed, and if the judgment has not been
satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be
issued only to the sheriff or
constable of the county where the premises are situated.
and he or
she shall execute the mandates
therein contained within five (5) days of its issuance. If the sheriff or constable fails to execute the
mandates within the prescribed time, the sheriff or constable shall appear before a justice of the
court issuing the execution at the regular session of court next following five (5) days to show
cause why the mandates of the execution have not been carried out. Every execution issued by any district court
pursuant to this chapter shall not expire after the five (5) day period but shall continue in full force and effect for one year
after the date thereof,
and be returnable to the district court which issued it in accordance with the provisions of section
9-25-21. All costs including reasonable moving costs incurred by the sheriff or constable in
carrying out the mandates of the execution may be added to the execution by the clerk upon
approval of the court upon presentment of evidence of the costs.
SECTION 2. This act shall take effect upon passage.