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TN HB0216

TN HB0216
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to real property.


summary

Introduced
01/17/2025
In Committee
03/05/2025
Crossed Over
03/11/2025
Passed
03/19/2025
Dead
Signed/Enacted/Adopted
04/04/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, creates a legal process through which a person may request the immediate removal of an unlawful occupant of the person's commercial real property by filing a complaint with the sheriff for the county in which the property is located. - Amends TCA Title 29 and Title 66.

AI Summary

This bill establishes a streamlined legal process for property owners to quickly remove unauthorized occupants from commercial real property in Tennessee. The bill allows property owners or their authorized agents to request the county sheriff's assistance in removing unlawful occupants by filing a verified complaint that meets specific conditions. These conditions include: the property must be commercial, the occupants must have entered without authorization, the property owner must have asked the occupants to leave, the occupants are not current/former tenants or immediate family members, and there is no pending litigation related to the property. If the sheriff verifies the complaint, they must serve an immediate vacate notice to the occupants and help restore possession to the property owner. The sheriff can also attempt to identify and potentially arrest occupants for trespassing. Property owners can request the sheriff to stand by while changing locks and removing personal property, though they may need to pay an hourly rate. The bill provides safeguards for occupants by allowing them to bring a civil action if they believe the removal was wrongful, with potential damages including restoration of possession and financial compensation. The law is designed to protect property rights and limit opportunities for criminal activity while providing a quick resolution to unauthorized occupancy. The bill will take effect on July 1, 2025.

Committee Categories

Justice

Sponsors (10)

Last Action

Effective date(s) 07/01/2025 (on 04/04/2025)

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