Owners could seek officer help to remove some unlawful occupants

An owner or the owner's agent may ask a peace officer to remove an occupant using a sworn request. The process applies to a dwelling on residential property and excludes an occupant who owns the property. The occupant must have entered when the dwelling was not open to the public or the occupant had no permission to enter, must still be there, and must have no past or current rental agreement for the unit. The occupant cannot be the owner's immediate family member, and no lawsuit about the property can be pending between the owner and occupant. The request must be sworn. The requester must provide government-issued identification or, for an agent, proof of authority. The officer must verify the request and notify the requester. After notice is served, the occupant has 48 hours to leave.

After the notice period, the owner or agent may ask a peace officer to keep the peace while locks are changed and the occupant's belongings are moved. These steps apply to a removal under this process for an occupant of a dwelling on residential property. An officer must verify the request before notice is served. The officer must try to help the occupant find another place to stay or give information about available shelters. Unless the occupant was wrongfully removed, the owner or agent is not liable for loss or damage to belongings resulting from the removal. The owner or agent may ask for the officer's help after the full 48 hours following service of notice have passed.

A person who wrongfully requests an occupant's removal may be sued, and selling, leasing, or advertising a dwelling without the right to do so would be a class C felony. The court remedy covers occupants wrongfully removed under this process; the felony provision covers people who sell, lease, or advertise a dwelling without the right to do so. A wrongfully removed occupant may sue the person who requested the removal to regain possession and seek actual damages and up to three times one month's fair market rent. The felony applies to a person who sells, leases, or advertises a dwelling without the right to do so.