Loading chat...

ID S1120

Bill

Status

Passed

4/6/2017

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary, Rules and Administration3/10/2017
Judiciary and Rules2/27/2017

Full Bill Text

No bill text available