Mary Hakken-Phillips | Oppose HB1598

I oppose HB1598. As a real estate attorney, I believe an expedited eviction action with 5-days notice to quit is a violation of due process because it is not a reasonable amount of time for a layperson to receive actual notice, engage an attorney to defend your possessory rights, and adequately respond. I also believe 3-days after service of a court summons to file an answer or default is a violation of due process because that is not enough time for actual notice, engagement of an attorney, or prepare for a court hearing. This bill will exacerbate an already tight real estate rental market, kicking folks out of their rentals with no alternative rental supply to move into. I believe this is a mistake to shift the power relationship between a landlord and tenant so unfairly towards the landlord without adequate protection of tenants due process rights. As a former landlord’s attorney, I also question whether our circuit courts can move this quickly to docket this many eviction hearings in practicality. My guess is that the courts will not be able to adequately keep pace with this time table, especially under current budgetary restraints. For these reasons, I oppose HB1598 and urge you to vote ITL.