S.F. No. 5401 Summary

• Property owners or their authorized agents may request the county sheriff to immediately remove persons unlawfully occupying residential real property if six conditions are met: the person entered without authorization, the property was not open to the public, the owner directed them to leave, they are not a tenant, not an immediate family member, and no pending litigation exists between the parties.

• Property owners must submit a completed, verified complaint to the sheriff that declares under penalty of perjury that all conditions are satisfied and that the owner understands liability for false statements or wrongful use of the procedure.

• Upon receipt of a verified complaint, the sheriff shall serve a notice to vacate without delay by hand delivery or posting on the dwelling's entrance, attempt to identify all occupants, and may arrest persons found in the dwelling for trespass or other legal causes.

• The sheriff may charge reasonable fees for serving the notice and an hourly rate if requested to stand by while the owner changes locks and removes the occupant's personal property; the sheriff and owner are not liable for property damage unless the removal is determined to be wrongful.

• A person harmed by wrongful removal may sue for restoration to possession, actual damages, statutory damages equal to triple the fair market rent, court costs, and attorney fees, with the court advancing the case on the calendar.