Protecting Homeowners And Deployed Military
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.)