HB 5864

Abstract

Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Authorizes a property owner or authorized agent to request the sheriff for the immediate removal of a person or persons unlawfully occupying a residential dwelling. Creates a statutory form for the property owner to complete to give to the sheriff to use the provisions of the Act. Provides that if the sheriff verifies the information in the form, the sheriff must serve a notice on the unlawful occupant to vacate the dwelling. Authorizes the sheriff, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the sheriff to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the sheriff to charge a reasonable hourly rate to do so. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property.