Assembly Bill 1140 aims to expand the scope of small claims court by allowing tenants to seek relief from extrajudicial evictions, also known as self-help evictions. The bill mandates that tenants file a summons and complaint in small claims court, which must be served to the landlord. The return date for these cases is set between five and 25 days from the issuance of the summons, aligning with the existing timeline for eviction actions. Additionally, if a tenant raises a defense on the return date, a trial must be held within 30 days. The bill also empowers the court to issue temporary injunctions against landlords who have unlawfully removed tenants or their belongings.

The bill introduces new legal language, specifically creating a definition for "extrajudicial evictions" in section 799.01 (1) (ag) and amending several existing statutes to incorporate actions for relief from extrajudicial evictions. Notably, it modifies section 799.05 (3) (b) to specify that the return date for summons in eviction actions and actions for relief from extrajudicial evictions must be between five and 25 days, contrasting with the 8 to 30 days for other claims. Furthermore, the bill updates the summons form to include the option for tenants to seek relief from extrajudicial eviction, thereby formalizing this new legal avenue within the small claims court system.

Statutes affected:
Bill Text: 799.05(3)(b), 799.05, 799.05(7), 799.06(3)(a), 799.06