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HCS/HB 1862 - Currently, in unlawful detainer and forcible entry and detainer suits an execution of the judgment may be issued at any time after the judgment is rendered, but the restoration of the property cannot occur until after the expiration of time allowed to file an appeal. This act provides that in these types of suits the judge shall not issue an execution of the judgment until ten days after the judgment, and if the losing party posts an appeal bond then the execution shall be stayed pending an appeal. The provision of law specifying that if it appears to the officer executing the judgment that the defendant is hindering or delaying the seizure of property then rents, profits, damages, and costs may be seized before the expiration of the time allowed for taking an appeal is repealed. The act adds that in a rent and possession case for the execution of possession to be stayed the defendant must satisfy the money judgment and costs before the judgment becomes final. The act states that the current law regarding security deposits does not prevent a landlord and tenant from agreeing in the rental agreement upon amounts to be charged for specific services that may be required to return the premise to its condition at the commencement of the tenancy. Sections in this act are similar to provisions contained in HCS/HB 1006 (2015), HCS/SB 148 (2015), HCS/SB 364 (2015), HCS/SCS/SB 340 (2015), CCS/HCS/SS/SCS/SB 67 (2015), and HB 1330 (2015). JESSI BAKER
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