TITLE 34
Property

CHAPTER 34-18.1
Commercial Leasing and Other Estates

SECTION 34-18.1-9


§ 34-18.1-9 Delinquency in rent – Repossession by ejectment – Judgment.

(a) All suits for possession of lands, buildings or parts of buildings covered by this chapter shall be by the ordinary process of actions for possession or otherwise as provided by law.

(b)(1) If, in any case of a letting covered by this chapter, whether by writing or parol, the stipulated rent, or any part of the same, be due and in arrear for a period of fifteen (15) days, whether demanded or not, the landlord or reversioner wishing to repossess him or herself of the lands, building or parts of buildings let, or recover possession of the same from the tenant, or any person holding under him or her, shall, without the necessity of notice, institute a trespass and action for possession in the district court where the premises are situated, and in this action the court may award a plaintiff judgment for possession and for all rent due plus costs.

(2) For cause shown the justice of the district court may issue a special order providing for the method of service of process upon the defendant.

(3) Answer to the summons and complaint shall be made within seven (7) days of the service upon the defendant. The action shall be heard on the next court day following the seven (7) day period, and shall take precedence on the calendar. If no answer is filed within the time prescribed, judgment shall enter forthwith.

(4) Any aggrieved party may appeal to the superior court from a judgment of the district court by claiming such appeal in writing filed with the clerk within forty-eight (48) hours, exclusive of Sundays and legal holidays, after the judgment is entered.

(5) All such court actions shall have precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.

(c)(1) Executions shall be issued only to the division of sheriffs or constable of the county where the premises are situated and he or she shall execute the mandates therein contained within twenty (20) days of its issuance. If the member of the division of sheriffs or constable fails to execute the mandates within the prescribed time, the member of the division of sheriffs or constable shall appear before a justice of the court issuing the execution at the regular session of the court next following the twenty (20) days to show cause why the mandates of the execution have not been carried out.

(2) All costs, including reasonable moving costs incurred by the member of the division of sheriffs 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.

History of Section.
(P.L. 1986, ch. 200, § 8; P.L. 1988, ch. 494, § 3; P.L. 1989, ch. 287, § 9; P.L. 2012, ch. 324, § 66.)