SB 636

Abstract

Amends the Clerks of Courts Act. Provides that the filing fees for landlords and tenants, varying by county population size, are reduced: a plaintiff's filing fee is a minimum of $5 and a maximum of $165 (at present, $10 minimum and $335 maximum) and a defendant's appearance filing fee is a minimum of $5 and a maximum of $40 (at present, $10 minimum and $90 maximum). Amends the Code of Civil Procedure. Provides that 4 categories of forcible entry and detainer actions shall be treated as expedited proceedings: forcible entry; peaceable entry and possession unlawfully withheld; entry upon vacant or unoccupied lands; and lessee holds possession after lease termination or notice to quit. Provides that time limits for certain provisions are reduced: posted notice, 5 days (at present, 10 days); stay of enforcement, no more than 5 days (at present, 7 days); sheriff's execution of an order, within 5 days (at present, 7 days); time between notice by a verified complaint and a hearing, at least 7 days (at present, 14 days); no continuance beyond 5 days (at present, 7 days); and a notice to terminate tenancy from week to week, at least 5 days (at present, 7 days). Effective immediately.