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SF 6

Residential property-removal of unlawful occupant.

2025 Regular Session

Creates an expedited process for owners/agents to have unauthorized occupants removed from residential property with police help, plus liability rules, damages, and new crimes.

Assigned Chapter Number 41
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WeVote Research Nonpartisan
Bill Summary · SF 6

Summary — SF 6 (Residential property — removal of unlawful occupant)

Status: Enrolled Act No. 20, Chapter 41 (became law without the Governor’s signature, Feb 2025)

Sponsor: Joint Judiciary Interim Committee (primary listed: Green)

Short purpose: Establishes a limited, expedited civil procedure allowing residential property owners (or authorized agents) to ask local law enforcement to remove unauthorized persons from a residential dwelling under specified conditions; defines related duties, liabilities and civil remedies; adds criminal provisions prohibiting false property documents and creates an additional felony for certain property destruction/defacement.

Key provisions

  • New statutory Article 14 (W.S. 1-21-1401 through 1-21-1403) defining terms and procedures for removal of "unauthorized persons" from residential dwellings.

  • Conditions for law-enforcement removal request:

    • Request must come from the record owner or an authorized agent.
    • The person sought to be removed must have unlawfully entered and be remaining in the dwelling.
    • No known pending litigation concerning the property between the owner and the person sought to be removed.
    • The person is not a current or former tenant under an authorized rental/lease agreement.
    • The person is not an immediate family member or in a cohabitating relationship with the owner (amendment adopted).

  • Complaint requirements:

    • Owner/agent must submit a written complaint to county law enforcement including owner identity (government ID), property acquisition date, that the occupant is unauthorized, that no litigation exists, and a declaration under penalty of perjury. Complaint must warn owners that false statements may expose them to liability.

  • Law enforcement duties:

    • Verify ownership/agent status and entitlement to relief.
    • If verified, provide a notice to immediate vacate to unauthorized persons (hand delivery or posting) and put owner back in possession.
    • Attempt to identify occupants and may arrest for trespass or outstanding warrants when appropriate.
    • May stand by while owner/agent changes locks and removes personal property to or near the property line.

  • Liability and remedies:

    • Law enforcement is not liable for loss, destruction or damage to property removed under the statute.
    • Owner/agent not liable for removal-related loss/damage unless removal was wrongful or property was wantonly destroyed/damaged.
    • Wrongful-removal civil cause of action: harmed person may be restored to possession and recover actual damages, court costs, reasonable attorney fees, and statutory damages equal to triple the fair-market rental value for the wrongful removal period.

  • Criminal provisions (summary level):

    • Prohibits unlawful use of false property documents.
    • Amends property-destruction/defacement offense to add an additional felony offense. (Text provided adds new criminal elements and penalties but detailed felony thresholds are not reproduced in the summary material.)

  • Several amendments adopted during committee/floor action removed a provision authorizing law-enforcement fees and changed terminology (e.g., “occupant” to “person”). Some proposed amendments (e.g., defining “squatter” or conditioning use on prior sheriff eviction attempts) failed.

Who is affected

  • Property owners and their authorized agents (gain an expedited means to regain possession).
  • Persons unlawfully occupying residential properties (subject to immediate notice to vacate and removal).
  • Current and former tenants, immediate family members, and cohabitants are excluded from using this remedy against them.
  • County sheriffs, municipal law enforcement (additional verification and procedural responsibilities).
  • Courts and civil justice system (new wrongful-removal litigation; fiscal note: judicial impact indeterminable).

Procedural / timeline notes

  • Introduced Jan 13, 2025; passed both houses (Senate 27–2–2; House 58–3–1); enrolled as SEA No. 0020 and became law without signature (Assigned Chapter No. 41) in Feb 2025.
  • Fiscal note (LSO): potential indeterminable impact on judiciary due to unknown number of cases.

Potential impacts and considerations

  • Intended effect: provides a faster, law-enforcement-assisted avenue for owners to regain possession of residential property occupied by unauthorized persons without pursuing a full eviction proceeding.
  • Risks/concerns: risk of misuse (owner-submitted false complaints), potential for wrongful removals and litigation (statutory treble-rent damages and attorney fees), and operational impacts on law enforcement. The statute includes verification steps and civil/punitive remedies designed to limit abuse. Fiscal consequences for courts are uncertain.

Compiled from official sources — confirm details with the bill’s official record.

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