Under present law provisions for forcible entry and detainer, an officer serving a warrant must notify the defendant of the time and place of trial, the time not to be less than six days from the date of service. This bill adds that for trials for unlawful detainer based solely on a complaint for nonpayment of rent, the trial must be held not more than 14 days from the date the plaintiff filed the unlawful detainer action. SCOPE OF TRIAL In a trial or hearing for unlawful detainer based solely on nonpayment of rent, this bill requires the scope of the hearing to be limited to facts and issues related to nonpayment of rent, including the terms of the lease agreement and payment history of the defendant. DELAY BEFORE EXECUTION Present law provides that no execution or writ of possession must issue against the defendant upon any judgment, under the provisions of forcible entry and detainer, until after the lapse of 10 days from the rendition of the judgment. This bill provides an exception to this provision, such that, if a court renders a judgment in favor of the plaintiff for an unlawful detainer action based on nonpayment of rent, then the writ of possession must be issued against the defendant within 24 hours from rendition of the judgment and require the defendant to vacate the property and return possession of it to the plaintiff within seven days from the defendant's receipt of the writ. Additionally this bill provides that if the defendant fails to vacate the property and return possession of the property to the plaintiff within the seven-day timeframe described under this bill, then the plaintiff may request from the sheriff of the county in which the property is located the immediate removal of the defendant.

Statutes affected:
Introduced: 29-18-117, 29-18-126