Substitute House Bill No. 6338 establishes a legal framework for the removal of unauthorized individuals from real property, effective October 1, 2025. It defines an "unauthorized person" as anyone unlawfully occupying real property who is neither a current or former tenant nor an immediate family member of the property owner. The bill allows property owners or their authorized agents to request the immediate removal of such individuals through a state marshal, provided they have directed the unauthorized person to leave and have no pending litigation regarding the property. Owners must submit a completed affidavit to the state marshal affirming the circumstances of the unauthorized occupation. The bill also introduces penalties for false statements made in the affidavit, classifying it as a class A misdemeanor, and clarifies that property owners and law enforcement retain their rights to address unlawful occupancy through other legal means.

Furthermore, the bill amends current landlord-tenant laws by requiring landlords to provide tenants with at least three full days to vacate the premises before initiating eviction proceedings. If a tenant does not respond to the notice, the landlord can file a summons and complaint in Superior Court, where the tenant has the right to contest the action. If the court rules in favor of the landlord, it will order the eviction to be executed by a state marshal. The bill is related to sHB 7078, which proposes a similar eviction process but includes differences such as requiring a police officer to serve the notice to vacate and allowing occupants to present rent payment documents as proof of tenancy without needing a signed rental agreement. The Housing Committee has favorably reported this bill with a vote of 12 in favor and 6 against.