VERIFIED MOTION FOR ORDER TO REMOVE UNAUTHORIZED PERSONS
The undersigned owner, or authorized agent of the owner, of the residential premises located at .................... requests that the court hold a hearing within one court day and that the court enter a temporary mandatory injunction and issue a writ of restitution ordering that the person or persons currently occupying the residential premises be removed from the premises and be ordered not to return to the premises for a period of fourteen days. In support of the request, the undersigned owner or authorized agent hereby represents and declares under the penalty of perjury that (initial each box): 1. [ ] The declarant is the owner of the premises or the authorized agent of the owner of the premises; 2. [ ] An unauthorized person or persons have entered and are remaining unlawfully on the premises; 3. [ ] Neither the owner nor an authorized agent of the owner has ever given permission for the unauthorized person or persons to enter and remain on the premises; 4. [ ] Neither the owner nor an authorized agent of the owner has ever had a written or oral agreement with the unauthorized person or persons regarding the use of the premises; 5. [ ] Neither the owner nor an authorized agent of the owner is related to the unauthorized person or persons; 6. [ ] Neither the owner nor an authorized agent of the owner has ever accepted money or anything of value from the unauthorized person or persons regarding the use of the premises; 7. [ ] The declarant has demanded that the unauthorized person or persons vacate the premises but they have not done so; 8. [ ] The declarant has informed the unauthorized person or persons that he or she is going to court to request a temporary mandatory injunction restoring the owner to possession and shall deliver a copy of this Verified Motion for Order to Remove Unauthorized Persons Form to the unauthorized person or persons; 9. [ ] Additional optional explanatory comments or statement that the premises has been altered or damaged:....................
NOTICE
On [date], [year], at [time] in Courtroom [number], [courthouse name], [courthouse address], the Court will hold a hearing on a Motion for an Order for Temporary Mandatory Injunction and writ of restitution in order to require the removal from the residential premises located at [residential premises address] of each unauthorized person identified in the motion that accompanies this notice. If you are identified as an unauthorized person and if you believe that is not true, then you must attend the hearing and present any evidence supporting your position. IF YOU FAIL TO ATTEND THE HEARING, THE COURT MAY ENTER AN ORDER INSTRUCTING THE SHERIFF TO REMOVE YOU FROM THE RESIDENTIAL PREMISES IMMEDIATELY.
Source: L. 2018: Entire article added, (SB 18-015), ch. 393, p. 2346, § 2, effective July 1.