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2015 SESSION

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HB 1767 Unlawful detainer proceedings; satisfaction of judgments.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Unlawful detainer proceedings; satisfaction of judgments. Provides that in an unlawful detainer proceeding in which the defendant fails to appear, the plaintiff may submit evidence of outstanding rent and other damages by affidavit or sworn testimony. The bill also provides that if a lease requires rent to be due on the first of the month in advance for the entire month, the amount due at the date of the hearing shall include rent for the entire month, if so requested by the plaintiff. The bill further requires a creditor to note satisfaction of a judgment only when it has been fully paid.

SUMMARY AS PASSED HOUSE:

Unlawful detainer proceedings; satisfaction of judgments. Makes several changes to the unlawful detainer process: (i) provides that when the defendant does not make an appearance in court, an attorney may submit into evidence documents prepared by the plaintiff; (ii) provides that if a lease requires rent to be due in advance of the first of the month, at the request of the plaintiff, the amount due at the date of the hearing shall include the rent for the entire month and it shall not be prorated and if no such request is made, then the rent shall be prorated as of the date of the hearing; (iii) allows a landlord to present evidence by affidavit; and (iv) clarifies that, for unlawful detainer proceedings, there are separate judgments for money and for possession. The bill also requires a creditor to note satisfaction of a judgment only when it has been fully paid.

SUMMARY AS INTRODUCED:

Unlawful detainer proceedings; satisfaction of judgments. Makes several changes to the unlawful detainer process: (i) clarifies that an attorney can submit documents into evidence without an affidavit; (ii) provides that if a lease requires rent to be due in advance of the first of the month, then the amount due at the date of the hearing includes the rent for the entire month and it shall not be prorated; (iii) allows a landlord to present evidence by affidavit; (iv) allows a judge to enter an order of immediate possession when the tenant appears in court (current law only permits immediate possession if the tenant fails to appear); and (v) clarifies that, for unlawful detainer proceedings, there are separate judgments for money and for possession. The bill also requires a creditor to note satisfaction of a judgment only when it has been fully paid.