SB 538 Modifies civil procedure requirements for various landlord/tenant actions
Sponsor: Bartle
LR Number: 1526S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/3/2005 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S363
Title: Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SB 538 - This act provides that the court date set forth in a unlawful detainer and rent and possession summons to be set for a date no more than 10 business days after the issuance of the summons. The current law provides for 21 business days. The unlawful detainer or rent and possession summons shall be served 2 days before the court date. The current law provides 4 days. The act also provides that is service is done by posting, then a copy of the summons and complain must be affixed to the premises at least five business day before the court date and mail a copy of the summons to the defendant's last know address 5 business days before the court date. The current law requires the posting and mailing 10 days before the court date. The act also provides that a party may request a writ of possession or writ of restitution at any time prior to the entry of judgment but the writ cannot be executed until after the judgment becomes final.

STEPHEN WITTE