Bill > SF2352

Introduced Session

This bill relates to eviction procedures involving tenants who pose a clear and present danger and establishes a maximum duration for certain residential forcible entry and detainer actions. Under current law, if a tenant creates or maintains a threat constituting a clear and present danger to the health or safety of others, a landlord may file a forcible entry and detainer action after serving a single three-day written notice of termination and notice to quit. The tenant is entitled to contest the termination in court. The bill provides that, following service of the three-day notice, the landlord may either file suit under Code chapter 648 (forcible entry and detainer), or recover possession upon a sworn affidavit by a peace officer that the tenant poses a clear and present danger and that an exception does not apply. The bill provides that if a peace officer determines that a tenant has presented a clear and present danger and that an exception does not exist, the peace officer must provide a written, sworn affirmation of those facts to the landlord. If the tenant remains in possession after the expiration of the three-day notice period, the landlord may request that a peace officer remove the tenant and other occupants. The peace officer must remove the occupants as if acting pursuant to a court order, and no court order is required for such removal. The bill provides that a peace officer who does so while acting in good faith is immune from civil liability. The bill creates a maximum duration for forcible entry and detainer actions involving residential property. The bill provides that not more than 30 days may pass between service of the notice to quit and issuance of the order to quit, if applicable. The bill prohibits a court from tolling or extending the 30-day period unless expressly authorized by statute. The bill further provides that procedural defects that do not materially prejudice a tenant do not invalidate the action. The supreme court is directed to adopt court rules to ensure that residential forcible entry and detainer actions are conducted in a streamlined manner that limits continuances and procedural delays not required by due process. The bill applies to actions commenced on or after July 1, 2026.

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Cherielynn Westrich (R)*, 

Subcommittee: Schultz, Blake, and Bousselot. S.J. 314. (on 02/18/2026)

Official Document