Title 44, Chapter 7, Section 75
( 44-7-75)
(a) At the time the tenant answers, the tenant shall pay into the
registry of the trial court all rent admittedly owed prior to the
issuance of the summons; provided, however, that, in lieu of such
payment, the tenant shall be allowed to submit to the court a
receipt indicating that the 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 subsection (b) of this Code section. (b) The tenant shall pay into the registry of the trial court all
rent which becomes due after the issuance of the summons and shall
pay said rent as it becomes due. If the landlord and 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 the 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 the 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. (c) If the landlord is also seeking a dispossessory warrant against the tenant pursuant to Article 3 of this chapter, money paid into court under Code Section 44-7-54 shall fully satisfy the requirements under subsections (a) and (b) of this Code section. (d) After the date of the service of the summons as provided in Code Section 44-7-72, the tenant shall not transfer, convey, remove, or conceal his property without either posting bond as provided in Code Section 44-7-76 or complying with subsections (a) and (b) of this Code section. (e) If the tenant shall fail to comply with any of the provisions of this Code section, the tenant shall not be entitled to retain possession of his property pending a trial on the merits as provided by Code Section 44-7-74 unless he posts bond as provided by Code Section 44-7-76. Failure to comply with any provision of this Code section shall in no way affect the tenant's ability to litigate the issues raised in his answer but shall only affect the possession of the property pendente lite. If judgment is against the tenant, the property involved shall be seized by the marshal, the sheriff, or the deputy, as the case may be, and held thereby for levy and sale after judgment as provided by Code Section 44-7-79. (f) The court shall order the clerk of the court to pay to the
landlord the amounts paid into the registry of the court as such
payments are made; provided, however, that, if the tenant claims
that he is entitled to all or a 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. That
part of the funds which is a matter of controversy in the litigation
shall remain in the registry of the court until a final
determination of the issues. |