Subcommittee advances bill letting judges waive 72-hour sheriff notice after writ of possession in squatter cases

HB 1584, patroned by Delegate Mark Ballard, would allow a court to waive the 72-hour notice by the sheriff that currently follows a writ of possession in unlawful detainer cases involving people who never entered into a rental agreement. The House subcommittee advanced the bill to the full committee on a 6-2 vote.

The bill targets so-called squatter scenarios, Delegate Ballard told the subcommittee, saying the measure "isn't trying to disrupt appellate rights" but instead would "eliminate the situation where once you are granted that writ of possession, you then have to wait 72 hours to actually get back into the single-family dwelling." Ballard said the change applies only when there has never been a rental agreement, oral or written.

Proponents described the measure as a narrow fix to speed possession where a homeowner proves there was…