§ 12-62-714 — Eviction or distress of dependents of state active military service members

(a) (1) Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member's period of military service if the rent on the premises occupied by the service member or his or her dependents is less than one thousand two hundred dollars ($1,200) per month. (2) If the landlord petitions the court for an order affecting the service member or his or her dependent's right of possession, then a court may allow the landlord to evict and hold the property of a service member or his or her dependents under this subdivision (a)(2). (b) In any action affecting the right of possession, the court on its own motion may stay the proceedings for not longer than three (3) months or make any order the court determines to be reasonable and just under the circumstances unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's military service. (c) When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises to the extent and for any period as the court determines to be just and reasonable under the circumstances. (d) Any person who knowingly takes part, or attempts to do so, in any eviction or distress otherwise than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor. (e) The Governor may order an allotment of the pay of a service member in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member.

Legislative History

Acts 2003, No. 1003, § 14.