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Bill > HB0126


UT HB0126

UT HB0126
Unauthorized Use of Residential Real Property Modifications


summary

Introduced
01/21/2025
In Committee
Crossed Over
Passed
Dead
03/07/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This bill addresses the consequences of unauthorized use of residential real property by providing a limited alternative remedy to remove a trespasser from a residential dwelling and providing a criminal penalty for the fraudulent sale or rental of residential real property.

AI Summary

This bill addresses unauthorized use of residential real property by introducing three key provisions: First, it creates a new criminal offense of property damage by a trespasser, which occurs when someone unlawfully enters a residential dwelling and causes damage exceeding $1,000, making such an act a second-degree felony. Second, the bill establishes another criminal offense of fraudulent advertisement, sale, or lease of residential real property, which happens when an individual knowingly lists, sells, or leases a property without having legal title or authority to do so, also classified as a second-degree felony. Third, the bill provides a streamlined legal mechanism for property owners to quickly remove trespassers from their residential dwellings by allowing them to file a detailed complaint with the local sheriff, who can then serve a notice to vacate and immediately remove unauthorized occupants, with specific conditions such as the property not being open to the public, the owner having directed the trespasser to leave, and the trespasser not being a current tenant or family member. The bill includes protections for both property owners and potential trespassers, allowing for civil action if a removal is deemed wrongful, and specifies that it does not limit existing legal rights of property owners or law enforcement. The bill is set to take effect on May 7, 2025.

Sponsors (1)

Last Action

House/ filed in House file for bills not passed (on 03/07/2025)

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