This bill addresses the consequences of unauthorized use of residential real property by providing a limited alternative remedy to remove a trespasser from a residential dwelling and providing a criminal penalty for the fraudulent sale or rental of residential real property.
This bill:
- authorizes property owners or their agents to request assistance from the sheriff for the immediate removal of a trespasser from a residential dwelling under certain conditions;
- requires an owner seeking removal of a trespasser, or the owner's authorized agent, to submit a complaint;
- specifies requirements for the complaint;
- provides requirements for the sheriff;
- authorizes a sheriff to arrest a trespasser for legal cause;
- provides that a sheriff is entitled to a specified fee for service of notice to vacate;
- authorizes the owner or agent to request that the sheriff stand by while the owner or agent takes possession of the property;
- authorizes the sheriff to charge a reasonable hourly rate;
- provides that the sheriff is not liable to any party for loss, destruction, or damage;
- provides that the property owner or agent is not liable to any party for the loss or destruction of, or damage to, personal property unless it was wrongfully removed;
- provides civil remedies;
- imposes criminal penalties for unlawfully detaining, occupying, or trespassing of, a residential dwelling intentionally and causing a specified amount of damage; imposes criminal penalties for any person who knowingly and willfully presents a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights;
- imposes criminal penalties for fraudulently listing or advertising for sale, or renting or leasing, residential real property under certain circumstances; and provides criminal penalties for committing perjury.