§ 34-18.1-9 - Delinquency in rent – Repossession by ejectment – Judgment.
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 coveredby this chapter shall be by the ordinary process of actions for possession orotherwise as provided by law.
(b) 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, bedue 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 thetenant, or any person holding under him or her, shall, without the necessity ofnotice, institute a trespass and action for possession in the district courtwhere the premises are situated, and in this action the court may award aplaintiff judgment for possession and for all rent due plus costs.
(2) For cause shown the justice of the district court mayissue a special order providing for the method of service of process upon thedefendant.
(3) Answer to the summons and complaint shall be made withinseven (7) days of the service upon the defendant. The action shall be heard onthe next court day following the seven (7) day period, and shall takeprecedence 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 froma judgment of the district court by claiming such appeal in writing filed withthe clerk within forty-eight (48) hours, exclusive of Sundays and legalholidays, after the judgment is entered.
(5) All such court actions shall have precedence on thecalendar and shall continue to have precedence on the calendar on a day-to-daybasis until the matter is heard.
(c) Executions shall be issued only to the sheriff orconstable of the county where the premises are situated and he or she shallexecute the mandates therein contained within twenty (20) days of its issuance.If the sheriff or constable fails to execute the mandates within the prescribedtime, the sheriff or constable shall appear before a justice of the courtissuing the execution at the regular session of the court next following thetwenty (20) days to show cause why the mandates of the execution have not beencarried out.
(2) All costs, including reasonable moving costs incurred bythe sheriff or constable in carrying out the mandates of the execution may beadded to the execution by the clerk upon approval of the court upon presentmentof evidence of the costs.