Bill Title: Amends the Code of Civil Procedure by adding a new Article regarding forcible entry and unlawful detainer. Sets forth factors establishing when a person is a transient occupant. Provides that a transient occupant unlawfully detains a residential property if the transient occupant remains in occupancy of the residential property after the party entitled to possession of the property has directed the transient occupant to leave. Provides that a transient occupancy terminates when a transient occupant begins to reside elsewhere, surrenders the key to the dwelling, or leaves the dwelling when directed by a law enforcement officer in receipt of an affidavit. Allows, upon receipt of a sworn affidavit by the party entitled to possession, any law enforcement officer to direct a transient occupant to surrender possession of residential property. Provides that a person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates a provision related to criminal trespass to a residence. Provides remedies for a person wrongfully removed and for a party entitled to possession of the real property. Allows for the recovery of personal belongings by a former transient occupant after the former transient occupant has vacated the property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB5109 Detail]

Text: Latest bill text (Introduced) [HTML]

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