Property owners and park operators may remove certain occupants

A property owner or authorized representative may ask a court to remove a person unlawfully occupying a residential dwelling. This applies to people occupying a residential dwelling without the owner’s permission, without another legal right to live there, and without tenant protections. The owner must file a verified petition in the county where the property is located. The petition must show that the property was not open to the public, the occupants were told to leave, and they are not tenants, guests, immediate family members, or parties in related pending litigation. The court may issue an immediate temporary order without first hearing from the occupant when the petition provides sufficient evidence. After a hearing, the court may permanently exclude the occupant, remove personal property, award repair and court costs, and impose protective restrictions. A temporary removal order takes effect when the court enters it and remains in effect until the occupant is served and a hearing occurs; the hearing generally must occur within 24 hours of filing, unless good cause supports a delay. The act takes effect June 30, 2026.

A recreational vehicle park operator may remove or arrange the removal of certain transient guests and guests. Transient guests may be removed for illegal drug activity, disturbing others, breaking posted park rules, or harming the park. Guests may also be removed for failing to pay agreed rent. The operator must give written notice ordering the person to leave immediately and must return any unused advance rent to a guest. Removal may not be based on race, color, national origin, sex, physical disability, or creed. A guest with an unpaid account exceeding three nights’ rent may have utilities disconnected while arranging a written payment agreement. A person who stays after notice commits a misdemeanor punishable by a fine of up to $300, up to 30 days in jail, or both. The removal process begins when the operator gives the required written notice. A guest may arrange a time of up to 48 hours to collect property when immediate removal is not possible.

A person may face criminal penalties for damaging an occupied residential dwelling, falsely selling or renting property, or using false property documents to remain there. The provisions cover people who unlawfully occupy or trespass at residential dwellings, people who advertise or rent property without legal authority, and people who knowingly present false leases, deeds, or similar documents. Damaging a dwelling requires intentional damage of at least $1,000. Selling or renting property without legal title or authority requires knowing that the purported seller or landlord lacks the required legal interest. Using a false property document requires an intent to detain or remain on the property. The act takes effect June 30, 2026.

A tenant appealing an eviction judgment may seek a stay by promising to keep paying the court-determined rent as it comes due. The process applies to appeals from magistrate court to circuit court and to later appeals to the state’s appellate courts. The tenant must file the required affidavit with the proper court, and the court must accept it before staying the eviction. If the tenant misses a payment by more than five days, the stay may end, possession proceedings may continue, and the possession-related appeal may be dismissed. A tenant who disputes the rent amount or due date may ask the circuit court to modify the payment terms. The tenant must continue making payments while a modification request is pending. The stay applies during the appeal after the required affidavit is accepted. A missed payment more than five days after its due date can trigger enforcement.