Tennessee House Bill HB1259

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 3/7/23
• Refer: 3/21/23
• Refer: 4/2/24
• Chaptered: 5/29/24
• Passed: 5/29/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to real property.

Impact

The proposed legislation introduces a novel remedy for property owners facing situations where unauthorized individuals occupy their homes. By allowing for prompt removal without the requirement for lengthy court processes under certain conditions, the bill intends to enhance property protection. Additionally, it adds clear definitions of 'unauthorized occupants' and establishes a protocol for law enforcement to follow during these removals. However, the bill also stipulates the responsibilities of property owners should wrongful removals occur, thus attempting to balance expedited eviction measures with due process rights.

Summary

House Bill 1259, which amends the Tennessee Code Annotated, seeks to streamline the process of removing unauthorized occupants from residential properties. The bill specifies that property owners or their authorized agents can request immediate removal of individuals unlawfully occupying their property by making a complaint to local law enforcement. This approach aims to protect property rights and reduce the time and complexity associated with eviction procedures, which proponents argue are often inadequate to deter unlawful occupancy and the associated risks of theft and vandalism.

Sentiment

The sentiment expressed surrounding HB 1259 seems generally supportive among property owners and real estate advocates who view it as a beneficial reform to enhance property rights. Nevertheless, there are concerns voiced by advocates of tenant rights and local consumer protection groups who caution that the bill may infringe on the rights of individuals facing eviction and lack adequate safeguards against wrongful removal. This division indicates a broader ongoing debate about property rights and tenant protections in Tennessee.

Contention

Critics of the bill argue that HB 1259 could promote unjust evictions and exacerbate housing instability by making it too easy for landlords to remove occupants without sufficient legal oversight. Specific points of contention include the definitions of 'unauthorized occupants', the potential for misuse of the expedited removal process by landlords, and the implications for tenants' rights and housing security. Proponents counter these claims by emphasizing the necessity of quick action to uphold property rights and maintain community safety.