2012 -- S 2985

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LC02617

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PROPERTY - COMMERCIAL TENANCY

     

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: May 17, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-18.1 of the General Laws entitled "Commercial Leasing and

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Other Estates" is hereby amended by adding thereto the following section:

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     34-18.1-9.1. Payment of moving costs required. – In a tenancy governed by this

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chapter, whenever the personal property of any tenant is removed from the premises the tenant

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occupies by mandate of an execution from a court of competent jurisdiction, the tenant shall pay

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the entire amount of the cost of moving the personal property and any prepaid storage charges to

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the sheriff, constable, or other person who lawfully caused the personal property to be so moved

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before the personal property may be released to the tenant by the person, firm, partnership,

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company, association, or corporation having lawful possession of the property. Further, the

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sheriff, constable, or other person who lawfully caused the personal property to be so moved shall

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prepare and deliver a release in writing stating that the costs of moving and any prepaid storage

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charges have been paid in full and authorizing the release of the personal property to the

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commercial tenant. This amount shall be paid to the landlord as reimbursement for the costs of

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removing the personal property.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02617

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - COMMERCIAL TENANCY

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     This act would require commercial tenants who are evicted, to pay the landlord’s moving

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costs of their personal property, before their seized personal property can be returned to them

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from storage.

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     This act would take effect upon passage.

     

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LC02617

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S2985