Cal. Civ. Code § 29-18-132
Removal of unlawful commercial occupants — Fees — Civil cause of action.
Operative Text
(a) As used in this section, “immediate family member” means a spouse, parent, sibling, or child. (b) The intent of this section is to quickly restore possession of commercial real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity. (c) Notwithstanding this chapter to the contrary, a property owner, or the property owner's authorized agent, may request from the sheriff of the county in which the property is located the immediate removal of any person unlawfully occupying a commercial property pursuant to this section if the following conditions are met: (1) The requesting person is the property owner or authorized agent of the property owner; (2) The real property that is being occupied is a commercial property, including a vacant lot that is zoned for commercial use; (3) An unauthorized person has unlawfully entered and remains or continues to occupy the property owner's property; (4) The real property was not open to members of the public at the time the unauthorized person entered; (5) The property owner has directed the unauthorized person to leave the property; (6) The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner; (7) The unauthorized person is not an immediate family member of the property owner; and (8) There is no pending litigation related to the real property between the property owner and any known unauthorized person. (d) To request the immediate removal of an unlawful occupant of a commercial property, the property owner, or the property owner's authorized agent, must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Commercial Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be substantially in the following form: COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING COMMERCIAL REAL PROPERTY I, , the owner or authorized agent of the owner of the real property located at , declare under the penalty of perjury that (initial each box): 1. I am the owner of the real property or the authorized agent of the owner of the real property. 2. I purchased the property on . 3. The real property is a commercial property. 4. An unauthorized person or persons have unlawfully entered and are remaining on or occupying unlawfully the real property. 5. The real property was not open to members of the public at the time the unauthorized person or persons entered. 6. I have directed the unauthorized person or persons to leave the real property, but they have not done so. 7. The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent. 8. The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud. 9. The unauthorized person or persons are not immediate family members of the property owner. 10. There is no litigation related to the real property pending between the property owner and any person sought to be removed. 11. I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees. 12. I am requesting the sheriff to immediately remove the unauthorized person or persons from the commercial property. 13. A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702. (Signature of Property Owner or Agent of Owner) (e) (1) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the commercial property. (2) The sheriff shall attempt to verify the identities of all persons occupying the commercial property and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the commercial property for trespass, outstanding warrants, or any other legal cause. (f) (1) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under § 29-15-114. (2) After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the commercial property to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. (3) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this section. (4) The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this section unless the removal was wrongful. (g) (1) A person may bring a civil cause of action for wrongful removal under this section. The court shall expedite the hearing on such a civil cause of action. (2) A person harmed by a wrongful removal under this section may be restored to possession of the commercial real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the commercial property, court costs, and reasonable attorney fees. (h) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes. (i) If any conflict exists between title 66, chapter 7, and this section, then this section controls.
Tennessee Code Annotated § 29-18-132 establishes an expedited process for commercial property owners to remove people who are unlawfully occupying their property without going through a standard eviction proceeding. When specific conditions are met — such as the occupant not being a tenant, family member, or party to pending litigation — the owner can submit a sworn complaint to the county sheriff, who is then authorized to serve an immediate vacate notice and restore possession. A person who is wrongfully removed under this procedure has the right to sue for actual damages, triple the fair market rent of the property, court costs, and reasonable attorney fees.
Plain English — not legal advice.
Commercial property owners and their authorized agents in Tennessee can use the streamlined removal process under § 29-18-132 when dealing with unlawful occupants who are not tenants, immediate family members, or parties to any pending litigation involving the property. A compliant operator submits a completed, verified complaint form to the county sheriff, attaches valid government-issued identification or proof of agency authority, and ensures every condition listed in the statute is genuinely satisfied before filing. Because the complaint is made under penalty of perjury and a false or wrongful filing can expose the owner to liability for actual damages, triple fair market rent, and attorney fees, operators generally confirm all statutory conditions carefully before initiating this procedure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tennessee Code Annotated § 29-18-132 provides important protections for anyone who believes they have been wrongfully removed from a commercial property under this expedited sheriff process. If a person had a valid tenancy, was an immediate family member of the owner, or otherwise did not meet the statutory criteria for removal, they may bring a civil cause of action in court, which the court is required to expedite. Remedies available under § 29-18-132 can include restoration of possession, recovery of actual damages, statutory damages equal to triple the fair market rent, court costs, and reasonable attorney fees — and tenant-rights organizations or legal aid offices can help someone understand whether a removal may have been wrongful.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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