Courts May Not Mandate Forms Landlords Use

Mario Recchia

The Courts and their bureaucracy have been trying to impose mandatory eviction and notice forms on landlords. This amounts to legislating from the bench, since State law describes the needed elements for legal notice and eviction by the landlord.

HB 2237 was introduced to prevent the Courts from creating and mandating their own forms. Here is the language added to Statute by the bill:

NOTWITHSTANDING ANY OTHER LAW, AN AGENCY OF THIS STATE AND AN
INDIVIDUAL COURT MAY NOT ADOPT OR ENFORCE A RULE OR POLICY THAT REQUIRES A
MANDATORY OR TECHNICAL FORM FOR PROVIDING NOTICE OR FOR PLEADINGS IN AN
ACTION FOR FORCIBLE ENTRY OR FORCIBLE OR SPECIAL DETAINER. THE FORM OF
ANY NOTICE OR PLEADING THAT MEETS STATUTORY REQUIREMENTS FOR CONTENT AND
FORMATTING OF A NOTICE OR PLEADING IS SUFFICIENT TO PROVIDE NOTICE AND TO
PURSUE AN ACTION FOR FORCIBLE ENTRY OR FORCIBLE OR SPECIAL DETAINER.

This bill was passed by the Legislature and signed by the Governor March 21, 2017. It becomes law 90 days after the Legislative Session ends.