Limited alternative remedy for removal of unauthorized persons from residential property

Limited alternative remedy for removal of unauthorized persons from residential property. (a) An owner or the owner's authorized agent may request from law enforcement in the county where the property is located the immediate removal of any person unlawfully occupying or possessing the owner's residential dwelling if all of the following conditions are met: (i) The person requesting the removal is the residential dwelling owner or the owner's authorized agent; (ii) The unauthorized person for whom removal has been requested has unlawfully entered and remains or continues to reside in the owner's residential dwelling; (iii) There is no known pending litigation related to the residential dwelling between the owner and any known unauthorized person; (iv) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (v) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner. (b) To request the immediate removal of an unauthorized person who is occupying a residential dwelling, the owner or the owner's authorized agent shall submit to law enforcement of the county where the residential dwelling is located a complaint for the removal of the unauthorized person. The complaint shall include, at a minimum, that: (i) The person is the owner or the owner's authorized agent for the residential dwelling; (ii) An unauthorized person has unlawfully entered and is remaining or residing unlawfully in the residential dwelling; (iii) The unauthorized person sought to be removed is not an owner or co-owner of the residential dwelling and has not been listed on title to the property unless the person has engaged in title fraud; (iv) There is no known litigation related to the property that is pending between the owner and any person sought to be removed; (v) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (vi) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner; (vii) The owner acknowledges that an unauthorized person removed from the property or dwelling under this section may bring a cause of action against the owner for any false statements made in the complaint, or for wrongfully using this procedure, and that as a result of this action, the owner may be held liable for actual damages, penalties, costs and reasonable attorney fees; (viii) The owner is requesting law enforcement to immediately remove the unauthorized person from the residential dwelling; (ix) A copy of the owner's valid government-issued identification or a copy of documents authorizing the owner's authorized agent to act on the owner's behalf is included; (x) The information contained in the complaint is true and correct and that the complaint is submitted under penalty of perjury. (c) Upon receipt of a complaint under this section, law enforcement shall verify that the person who submitted the complaint is the record owner of the residential dwelling or the authorized agent of the owner and that the person is entitled to relief under this section. If law enforcement is unable to verify that the person who submitted the complaint is the record owner of the residential dwelling and is entitled to relief under this section, law enforcement shall have no obligation to provide notice and vacate the residential dwelling as provided in subsection (d) of this section. (d) Upon verification under subsection (c) of this section, law enforcement shall, without delay, provide notice to immediately vacate to all unauthorized persons occupying the residential dwelling and shall put the owner in possession of the residential dwelling. Notice may be accomplished by hand delivery of the notice to the unauthorized occupant or by posting the notice on the front door or entrance of the residential dwelling. Law enforcement shall also attempt to verify the identities of all persons occupying the residential dwelling and shall document the identities. If appropriate, law enforcement may arrest any person found in the residential dwelling for trespass, outstanding warrants or any other legal cause.