§ 1-21-1402 — Limited alternative remedy for removal of unauthorized persons from residential property

(a) An owner or the owner's authorized agent may request
from law enforcement in the county where the property is located
the immediate removal of any person unlawfully occupying or
possessing the owner's residential dwelling if all of the
following conditions are met:
(i) The person requesting the removal is the
residential dwelling owner or the owner's authorized agent;
(ii) The unauthorized person for whom removal has
been requested has unlawfully entered and remains or continues
to reside in the owner's residential dwelling;
(iii) There is no known pending litigation related to
the residential dwelling between the owner and any known
unauthorized person;
(iv) The unauthorized person is not a current or
former tenant pursuant to a written or oral rental or lease
agreement authorized by the owner, the owner's predecessor or
the owner's authorized agent;
(v) The unauthorized person is not an immediate
family member of the owner or in a cohabitating relationship
with the owner.
(b) To request the immediate removal of an unauthorized
person who is occupying a residential dwelling, the owner or the
owner's authorized agent shall submit to law enforcement of the
county where the residential dwelling is located a complaint for
the removal of the unauthorized person. The complaint shall
include, at a minimum, that:
(i) The person is the owner or the owner's authorized
agent for the residential dwelling;
(ii) An unauthorized person has unlawfully entered
and is remaining or residing unlawfully in the residential
dwelling;
(iii) The unauthorized person sought to be removed is
not an owner or co-owner of the residential dwelling and has not
been listed on title to the property unless the person has
engaged in title fraud;
(iv) There is no known litigation related to the
property that is pending between the owner and any person sought
to be removed;
(v) The unauthorized person is not a current or
former tenant pursuant to a written or oral rental or lease
agreement authorized by the owner, the owner's predecessor or
the owner's authorized agent;
(vi) The unauthorized person is not an immediate
family member of the owner or in a cohabitating relationship
with the owner;
(vii) The owner acknowledges that an unauthorized
person removed from the property or dwelling under this section
may bring a cause of action against the owner for any false
statements made in the complaint, or for wrongfully using this
procedure, and that as a result of this action, the owner may be
held liable for actual damages, penalties, costs and reasonable
attorney fees;
(viii) The owner is requesting law enforcement to
immediately remove the unauthorized person from the residential
dwelling;
(ix) A copy of the owner's valid government-issued
identification or a copy of documents authorizing the owner's
authorized agent to act on the owner's behalf is included;
(x) The information contained in the complaint is
true and correct and that the complaint is submitted under
penalty of perjury.
(c) Upon receipt of a complaint under this section, law
enforcement shall verify that the person who submitted the
complaint is the record owner of the residential dwelling or the
authorized agent of the owner and that the person is entitled to
relief under this section. If law enforcement is unable to
verify that the person who submitted the complaint is the record
owner of the residential dwelling and is entitled to relief
under this section, law enforcement shall have no obligation to
provide notice and vacate the residential dwelling as provided
in subsection (d) of this section.
(d) Upon verification under subsection (c) of this
section, law enforcement shall, without delay, provide notice to
immediately vacate to all unauthorized persons occupying the
residential dwelling and shall put the owner in possession of
the residential dwelling. Notice may be accomplished by hand
delivery of the notice to the unauthorized occupant or by
posting the notice on the front door or entrance of the
residential dwelling. Law enforcement shall also attempt to
verify the identities of all persons occupying the residential
dwelling and shall document the identities. If appropriate, law
enforcement may arrest any person found in the residential
dwelling for trespass, outstanding warrants or any other legal
cause.