HB5864 Summary

• Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act, allowing property owners or authorized agents to request sheriff assistance for immediate removal of unlawful occupants from residential dwellings.

• Requires property owners to submit a verified complaint form to the sheriff meeting eight conditions, including that the occupants are not tenants, family members, or involved in pending litigation with the owner.

• Directs the sheriff to verify the owner's claim and serve notice to vacate without delay; sheriff may arrest occupants for trespass, outstanding warrants, or other legal causes.

• Authorizes property owners to request the sheriff remain on-site during lock changes or property removal at a reasonable hourly rate; sheriff and property owners are not liable for damage to occupants' personal property unless removal was wrongful.

• Makes it a Class 4 felony to list, advertise, rent, or lease residential property knowing the seller or lessor has no legal title or authority to do so.