Title 44, Chapter 7, Section 54
( 44-7-54)
(a) In any case where the issue of the right of possession cannot be
finally determined within two weeks from the date of service of the
copy of the summons and the copy of the affidavit, the tenant shall
be required to pay into the registry of the trial court: (1) All rent and utility payments which are the responsibility of
the tenant payable to the landlord under terms of the lease which
become due after the issuance of the dispossessory warrant, said
rent and utility payments to be paid as such become due. If the
landlord and the tenant disagree as to the amount of rent, either
or both of them may submit to the court any written rental
contract for the purpose of establishing the amount of rent to be
paid into the registry of the court. If the amount of rent is in
controversy and no written rental agreement exists between the
tenant and landlord, the court shall require the amount of rent to
be a sum equal to the last previous rental payment made by the
tenant and accepted by the landlord without written objection; and (2) All rent and utility payments which are the responsibility of
the tenant payable to the landlord under terms of the lease
allegedly owed prior to the issuance of the dispossessory warrant;
provided, however, that, in lieu of such payment, the tenant shall
be allowed to submit to the court a receipt indicating that
payment has been made to the landlord. In the event that the
amount of rent is in controversy, the court shall determine the
amount of rent to be paid into court in the same manner as
provided in paragraph (1) of this subsection. (b) If the tenant should fail to make any payment as it becomes due
pursuant to paragraph (1) or (2) of subsection (a) of this Code
section, the court shall issue a writ of possession and the landlord
shall be placed in full possession of the premises by the sheriff,
the deputy, or the constable. (c) The court shall order the clerk of the court to pay to the
landlord the payments claimed under the rental contracts paid into
the registry of the court as said payments are made; provided,
however, that, if the tenant claims that he or she is entitled to
all or any part of the funds and such claim is an issue of
controversy in the litigation, the court shall order the clerk to
pay to the landlord without delay only that portion of the funds to
which the tenant has made no claim in the proceedings or may make
such other order as is appropriate under the circumstances. That
part of the funds which is a matter of controversy in the litigation
shall remain in the registry of the court until a determination of
the issues by the trial court. If either party appeals the decision
of the trial court, that part of the funds equal to any sums found
by the trial court to be due from the landlord to the tenant shall
remain in the registry of the court until a final determination of
the issues. The court shall order the clerk to pay to the landlord
without delay the remaining funds in court and all payments of
future rent made into court pursuant to paragraph (1) of subsection
(a) of this Code section unless the tenant can show good cause that
some or all of such payments should remain in court pending a final
determination of the issues. |