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SB18-015

Protecting Homeowners And Deployed Military

Concerning the "Protecting Homeowners and Deployed Military Personnel Act".
Session:
2018 Regular Session
Subject:
Courts & Judicial
Bill Summary

Unauthorized persons occupying residential property - temporary mandatory injunction - procedures - removal - action for false declaration. Under current law, a person who occupies a vacant or unoccupied residence without the permission of the owner can only be evicted under the forcible entry and detainer statutes. In such a situation, the act authorizes an owner or agent of the owner to file a complaint and a verified motion for a temporary mandatory injunction restoring possession of the residential property to the owner or lawful occupant. The act specifies required declarations in the motion and establishes procedures for the new motion and complaint including time lines, notice, and service of process.

If the court enters a writ of restitution, the act requires the sheriff to remove the unauthorized persons from the premises and to order that the person or persons stay off the premises.

The act creates a civil cause of action for a false declaration related to the verified motion and authorizes the plaintiff to recover actual damages, attorney fees, and costs.


(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

Pursuant to HJR20-1007, the Second Regular Session of the 72nd General Assembly is Temporarily Adjourned until 10:00 a.m., Monday, March 30, 2020. 

COVID-19 Resources

Temporary Guidelines for Review and Comment Meetings

The legislature will meet in limited session on Monday, March 30th. The Capitol will be open for the duration of the session for those with essential business related to the session. The building will not be available for public tours. People without essential business are encouraged to access the session through the General Assembly website and Colorado Channel.  Anybody with essential business related to the session will be required to practice appropriate social distancing measures.