230 R.I. Code R. 230-RICR-30-40-1.10

Current through December 3, 2024

Section 230-RICR-30-40-1.10 - Eviction Parameters

A. Upon issuance of any execution in a landlord-tenant action pursuant to R.I. Gen. Laws §§ 34-18-1et seq., 34-18.1-1et seq., or 31-44-2, the Certified Constable shall:

1. Personally serve the subject of the execution, if applicable;

2. Provide a copy of the execution for the mover and the evictee, retain a copy for the Certified Constable's own records, and return the original to the court in accordance with the applicable statute(s) and court rule(s);

3. Coordinate with the individual hired to change the locks to be present at the property that is the subject of the eviction when the Certified Constable is present to execute the writ;

4. Contact the local police if the Certified Constable has reason to believe that there will be substantial controversy or arguments or if the Certified Constable becomes aware of substantial controversy or arguments, and in such circumstances the Certified Constable shall not enter the subject property until the local police are present;

5. Take pictures of all rooms in the subject property before any contents are disturbed and take pictures of all items that cannot go into storage after removal from the subject property;

6. Allow evictees to take a reasonable amount of immediately necessary personal belongings including but not limited to clothing, medication, children's toys, service animals, pets, checkbooks and bills of any kind; and

7. Take control and possession of the subject property before locking out any evictee(s).

B. Non-Present Evictees. If an evictee is not present during an eviction, the Certified Constable shall:

1. Set aside an appropriate receptacle containing the evictee's immediately necessary personal items, including but not limited to medication, prescription drugs, jewelry, and cash, maintain photodocumentary evidence of the items in the personal receptacle, and store the personal receptacle at the location with the evictee's other removed property;

2. Contact an appropriate animal shelter or animal control authority for any pet or service animal; and

3. Contact the local police and follow their instructions regarding any illegal drugs or firearms found on the subject property.

C. The subject property is under the custody and control of the assigned Certified Constable until the eviction is complete.

D. If completion of the eviction takes longer than one (1) day, the Certified Constable must exercise all due caution regarding the safety and security of the subject property, including but not limited to securing the property until the eviction is complete.

E. If the eviction involves a moving company, the Certified Constable must perform a walk-through evaluation of the subject property after the moving company has completed its assignment. Any remaining evictee item and the reason it remains on the subject property should be photographed and documented.

F. Once the execution has been completed, the Certified Constable must post the moving and storage company information, animal shelter or animal control agency information if applicable, and execution on the door of the subject property, and the Certified Constable must make a true return.

G. Businesses. Any Certified Constable effectuating an execution for a place of business or for an entity that is, or is attempting to act as, a place of business shall only lock out the subject of the execution.

H. A Certified Constable may enter a dwelling only if he or she is acting on a writ of execution, provided that a Certified Constable may enter any common hallway or common area within a multi-dwelling establishment.

230 R.I. Code R. 230-RICR-30-40-1.10

Adopted effective 2/24/2022
Amended effective 3/28/2022