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ID S1120
Bill
Status
4/6/2017
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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Revises the definition of forcible detainer in Section 6-302 to remove the "nighttime" requirement and clarifies that an occupant need not have an inhabited property to qualify for protection, only peaceable possession within 5 days preceding unlawful entry.
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Establishes separate procedures for forcible detainer actions versus standard eviction actions, requiring trials within 72 hours for forcible detainer cases (versus 12 days for standard possession actions) with 24-hour notice to defendants.
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Requires property owners filing forcible detainer actions to file a verified complaint stating they have never entered into a lease or similar agreement with the defendant.
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Creates liability for treble damages (three times actual damages) against property owners who file forcible detainer actions when a landlord-tenant relationship actually existed with the defendant or when filed in bad faith.
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Adds forcible detainer actions to the list of cases that may result in treble damages judgments under Section 6-317.
Legislative Description
Amends existing law to revise provisions regarding forcible detainer of real property.
REAL PROPERTY
Last Action
Session Law Chapter 276 Effective: 07/01/2017
4/6/2017