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Committee clears bill to codify eviction set-outs, including disposal rules and landlord immunity
Summary
HP 80 was reported favorably after the committee adopted two amendments that specify a '7 calendar day' removal window, permit disposal of abandoned personal property without further notice, and clarify limited liability for landlords and law enforcement; members raised concerns about potentially valuable items and interaction with vehicle-title laws.
Representative Virgil Butler introduced HP 80, saying sheriffs had asked lawmakers to codify the process for setting out and disposing of tenant property after writs of possession because existing practice rested in administrative rule rather than statute. Butler said the bill would set notice requirements, a timetable for removal and remove civil liability for landlords and law enforcement for abandoned property removed after the required notices.
An amendment (Amendment 1) was read to specify "at least 7 calendar days from the date of the judgment to move out," permit landlords to "dispose of such abandoned property without further notice," and to clarify limits on civil liability for damage occurring during execution of a writ. Committee members pressed the sponsor on scenarios in which valuable items could be lost (for example, heirlooms or items belonging to a tenant hospitalized during the removal). Butler said the amendment includes multiple notification steps and reflects local practice where most removals involve ordinary household debris; he and others said landlords generally attempt to contact owners and that tow companies handle titled vehicles.
Representative England moved to adopt Amendment 1 and the amendment passed. Amendment 2, which adjusted service-related language, was explained and adopted as well. The committee then voted to give HP 80 a favorable report with the two amendments.
Committee discussion highlighted two recurring points: (1) the bill converts administrative procedure into statutory law and (2) members were concerned about isolating truly valuable property (rings, firearms, titled vehicles) from the bill’s disposal authority. Sponsor remarks and later exchanges said vehicles are handled under existing abandoned-vehicle code and tow-company procedures; representatives also suggested the adoption of further clarifying language could be considered on the floor.
The committee recorded the favorable report; transcript discussion did not include a final floor amendment package or an enacted effective date.
