Committee reviews ejectment timeline proposals: filing windows, answer periods and court scheduling
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Summary
Counsel and members reviewed the statutory and practical steps after a termination notice—60 days to file an ejectment under statute, 21 days to answer under civil procedure—and debated cutting those response windows to speed outcomes while worrying about defaults and access to counsel.
The committee moved from notice mechanics to the litigation process that follows a termination notice, examining statutory filing windows, deadlines to answer, and how quickly courts and sheriffs can restore possession.
Cameron Wood explained that, under current law, a landlord who issues a termination notice must start the ejectment proceeding within a statutory window (counsel cited a 60‑day filing limit in the statute in committee discussion). If the landlord files, the defendant (tenant) is generally served and has 21 days under the rules of civil procedure to file an answer, Wood said. "You have 60 days from that date to bring an ejectment action," he told the panel.
Bills under consideration would shorten multiple stages. Some proposals set accelerated limits for a tenant’s answer — as short as five business days or seven days — while others suggested an intermediate 10‑day or 14‑day reply. Committee members weighed evidence from both sides: advocates for tenants said very short windows increase defaults and may deny people who lack counsel a meaningful opportunity to participate; landlord representatives said many answers are straightforward to file and shorter periods reduce prolonged arrears.
On scheduling a hearing, one draft (7 72) would require a hearing to be set within 60 days of filing; witnesses from the courts may later testify about operational constraints. The chair said the committee would seek an aggregate view of how shortening each stage compounds into a faster overall process.
Why it matters: changing statutory deadlines alters when eviction trials occur and how long landlords may go without rent. The committee indicated a tentative preference for not cutting answer time below two weeks in this session and asked counsel to model aggregated timelines before a final drafting decision.
The committee did not vote; counsel will prepare language and a statutory timeline for the group to review.