Property owners could ask peace officers to remove some occupants after officers verify the request and serve notice to leave.
An owner or agent could ask a peace officer to remove an occupant who meets strict conditions. The officer must verify the request and serve notice to leave.
An occupant wrongfully removed could sue to regain the home and seek damages, including three times one month's fair rent. Attorney fees depend on a two-thirds vote in each chamber.
The text describes criminal penalties for certain property-related conduct, including trespass causing at least $1,000 in damage and offering a home for sale or rent without the right to do so.
Eviction hearings would generally be set within seven days after a complaint is filed. Certain long-idle cases could be dismissed after the parties receive notice.
An owner or the owner's agent may ask a peace officer to remove an occupant. The occupant must have entered when the dwelling was closed to the public or the person had no permission to enter, and must still occupy it. The occupant must have no past or current rental agreement for the property, must not be the owner's immediate family member, and must have no pending property-related lawsuit with the owner. The owner or agent must swear that the listed facts are true and provide identification or proof of authority. The officer must verify the requester and that the request appears to qualify before serving notice. The requester pays a fee for serving notice; the officer may also require payment for staying to keep the peace. After notice is served, the owner or agent may ask the officer to stay while locks are changed and the occupant's belongings are moved to or near the property line.
An occupant who is wrongfully removed may sue to regain possession and seek damages. This applies when an occupant is wrongfully removed from a dwelling under the removal process described in the bill. The occupant may seek actual damages, three times one month's fair market rent, and full reasonable attorney fees. The attorney-fee provision applies only if each chamber approves the related court-rule change by a two-thirds vote. The attorney-fee provision takes effect only if the required two-thirds vote occurs in each chamber.
The bill text describes criminal penalties for certain trespass, forgery, and home-sale or rental conduct. These provisions concern criminal trespass, forgery involving legal documents or public records, and deceptive business practices involving homes. First-degree criminal trespass is a class B felony if the person commits the specified trespass and causes at least $1,000 in damage; otherwise, it is a class A misdemeanor. A rental agreement is included among documents covered by second-degree forgery. Selling, leasing, or advertising a dwelling without the right to do so is a class C felony when the conduct meets the crime's other requirements.
The bill text describes deadlines for eviction hearings and when certain cases may be dismissed. These procedures apply to court cases seeking possession of land or other real property under forcible-entry-and-detainer rules. A court may order a different hearing schedule. A clerk may dismiss a case without further notice only if the listed conditions are met and the parties received actual notice of the dismissal procedure. A case dismissed for lack of prosecution may generally be reopened by written request within one year. The hearing date must be no more than seven days after filing unless the court orders otherwise. A clerk may dismiss a case pending more than 180 days if no hearing or trial is scheduled and no request for a default judgment has been filed.
No hearings or votes scheduled.