Whenever, in any action for the recovery of real property, the issuance of an execution, or the service of an execution, is stayed by order of the court or by the operation of law, the stay shall be conditioned upon the payment by tenant to the landlord of sums of money equal to the rent for the premises, which sums shall be paid at such times and in such amounts as rent would be due and payable were the action not then pending. The acceptance of these sums shall not constitute a waiver of the right of the landlord to obtain possession of the premises, nor shall the receipt thereof be deemed to reinstate the tenancy.