Despite opposition from some Democrats, a bill cracking down on squatters and phony realtors cleared a Senate committee this week.
The bill strengthens the ability of law enforcement to prosecute and remove squatters from properties. Squatters have become a problem nationwide as they take advantage of weak laws that allow them to use the court system to their advantage. Several states such as Florida, Georgia, Alabama, New York, and Louisiana recently passed laws cracking down on squatters. Some of the legislation passed with unanimous votes..gif)
* Squatter is defined as someone who remains on a property for a period of time or after "a rental agreement has ended." The bill makes it harder for squatters to use the court system to their advantage as in other states as HB #1200 states the squatter will not have the same rights or "eviction process" as a tenant.
* Only the owner of the property has the right to manage or receive payments for use of the property. This clause is important for prosecuting sham realtors.
* Enforcement. The owner of the property or agent must file an affidavit with a law enforcement agency that has jurisdiction over the area. The law enforcement agency includes the Sheriff's office. Thus if a Mayor (can't imagine who) doesn't want his police to arrest squatters, the owner can go to the Sheriff for help.
The law enforcement agency must issue a citation to the squatter within 24 hours after the affidavit is filed. The citation orders the squatter to immediately leave the premises. The squatter has three days to challenge the citation in court or leave. No writ of removal is required. If the squatter does not challenge the eviction and does not leave, law enforcement can remove him from the premises.
The owner is not liable for any damage to the squatter's personal property.
If the squatter challenges eviction in court and loses, the squatter must leave the premises within 24 hours. The court must hold a hearing within seven days after receiving notice the squatter is challenging eviction.
The squatter can be removed in less than 24 hours if he "poses an immediate risk of damage to the premises."
The Court can levy civil and criminal penalties against the squatter.
13 comments:
This seems like a common sense bill. I don't understand why some voted against it.
I'm glad to see something done about this, but isn't this already against the law? To post an ad for a vacant property that isn't yours, so you can claim to a would-be renter that it IS yours, and then fraudulently collecting rent? Is it legislation this problem needs, or simply enforcement?
@11:25 am, your first sentence indicates the answer to your second sentence.
A nationwide problem that needs legislation. If you can't recognize that you simply haven't been paying attention.
The bill in the House passed 99-14. So rest easy as there are at least 14 other people in Mississippi in your leaky boat.
11:50 - calm down Francis. Nobody has said they opposed the legislation here. I guess the Starbucks didn't fix your latte right this morning.
@12:51, let us know when Kingfish has formally placed you on the payroll. Your volunteer nanny gig is going nowhere.
What would be do without democrats?
Another bill with Fred Shanks name attached to it. Meanwhile, his hometown is still littered with squatted trucks that his bill has done nothing about.
Dem v. Rep. %?
2:06...Walk down the street downtown without getting shot, robbed, raped, stabbed, beaten, eaten, etc.
@230 - obviously you are not in favor of Shanks' campaign for Mayor, based on you blaming him for Brandon not enforcing the law; but I guess you failed Civics back in the 7th grade. Legislators pass laws, they don't enforce them. Yes, the bill Shanks sponsored passed dealing with the squatter trucks. But Shanks (at least at this point) is not responsible for enforcing the statute, in his city or anywhere else.
"Squatting" is easily solved with the aid of a couple of buddies with baseball bats and a 9mm. Tell them 1 time to leave. If they open their mouth, negotiations are over. Problem solved. It is the only language thugs understand.
11:40 for the economically worded win.
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