HB 1532

Abstract

Amends the Code of Civil Procedure. Defines "offensive use of property" as the repeated use of leased premises in a manner that disturbs the peace or is detrimental to the health and safety of the neighbors of the premises. Provides that in order to qualify as offensive use of property, all of the following conditions must exist: (1) on 3 or more separate occasions within a 60-day period, an act is committed on the property which is in violation of a State or municipal law intended to preserve the peace or to protect health and safety; (2) a lessee or his or her guest used, permitted the premises to be used, or knew or should have known that the premises would be used in the commission of the act; and (3) on each occasion, an arrest was made or a citation was issued for the commission of the act. Provides that if the standard for offensive use of property has been met, then the tenancy may be terminated and the owner, lessor, or agent shall be entitled to bring a forcible entry and detainer action. Contains provisions concerning procedure for terminating the lease and re-entering the premise. Provides that nothing in the new provisions shall limit the rights of an owner, lessor, or agent to bring a forcible entry and detainer action on the basis of other applicable law. Provides that governmental agencies shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of offensive use of property, but that a governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action under the new provisions or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made. Provides that a tenant or occupant may not be the subject of a forcible detainer under the new provisions in conjunction with a qualifying act in which that tenant or occupant is the victim of domestic violence, dating violence, sexual assault, or stalking.