AB 1140

Under current law, actions for eviction are heard in small claims court. Under this bill, actions brought by a tenant for relief from extrajudicial (also known as “self-help”) evictions may also be heard in small claims court.

Under the bill, a tenant is required to file a summons and complaint in small claims court and serve the summons and complaint on the defendant landlord. The return date must be held between five and 25 days from the date that the summons is issued, which is the same time period for eviction actions. Also, similar to eviction actions, if the defendant appears on the return date and raises a defense, the court or circuit court commissioner hearing the action must hold a trial within 30 days of the return date. The bill also provides that a court hearing an action for relief from extrajudicial eviction may grant a temporary injunction against a landlord or a landlord’s agent that has removed or attempted to removed the tenant or the tenant’s belongings from the premises as part of an extrajudicial eviction.