2003 -- H 5444

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LC01500

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD TENANT ACT

     Introduced By: Representative Arthur J. Corvese

     Date Introduced: February 05, 2003

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-48 of the General Laws in Chapter 34-18 entitled

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

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     34-18-48. Execution. -- If no appeal is claimed, and if the judgment has not been

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satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be

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issued only to the sheriff or constable of the county where the premises are situated. and he or she

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shall execute the mandates therein contained within five (5) days of its issuance. If the sheriff or

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constable fails to execute the mandates within the prescribed time, the sheriff or constable shall

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appear before a justice of the court issuing the execution at the regular session of court next

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following five (5) days to show cause why the mandates of the execution have not been carried

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out. Every execution issued by any district court pursuant to this chapter shall not expire after the

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five (5) day period but shall continue in full force and effect for one year after the date thereof,

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and be returnable to the district court which issued it in accordance with the provisions of section

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9-25-21. All costs including reasonable moving costs incurred by the sheriff or constable in

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carrying out the mandates of the execution may be added to the execution by the clerk upon

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approval of the court upon presentment of evidence of the costs.

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     SECTION 2. This act shall take effect upon passage.

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LC01500

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD TENANT ACT

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     This act would simplify the procedure for the service of evicting executions against

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tenants.

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     This act would take effect upon passage.

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LC01500

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