It is a new day for squatters in Mississippi - and not for the better for them. Governor Tate Reeves signed a bill that will make it much easier for law enforcement to prosecute squatters and phony realtors.
The legislature passed HB #1200. Although fourteen Representatives sponsored the bill, it was State Representative Shanda Yates (I- The Cherokee) who took point before the House and Senate as they took up the bill.
HB #1200 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. The bill joins a growing trend of other states such as Florida, Georgia, Alabama, New York, and Louisiana that have recently passed laws cracking down on squatters.
The bill also allows law enforcement to prosecute phony realtors. An increasing number of scam artists scour land rolls for properties whose owners are out of state. They find a property that has been vacant for some time, post an ad online, and start collecting rent. A total con job. A synopsis of the bill is posted below.
Law enforcement has been reluctant to prosecute squatters as they consider it to be a "gray area" of the law. The bill moves such activity away from the gray and into the realm of black and white.
The Governor signed the bill on April 10 . The law goes into effect on July 1.
* 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.
12 comments:
Shok- Way doesn't like this-
I was waiting for this law to pass. Now, I can pay off my house note. When it was with the mortgage company it was hard for squatters to get the loan switched over.
It's burglary. Castle law applies.
But, but, where are Chowke's dope boys going to live?
It's a sad situation that most Democrats voted against this bill when the own Sherrif of Hinds County and JPD Chief Wade asked for this change to give their departments more teeth to fight this mess.
@11:44AM 99% of this squatting takes place in Hinds County. Do you really want to try your luck with that jury as a property owner? You are less likely to get a blessing than a thig or some other feral savage.
Come on over to my house and squat. The address is 870 Remington Way, Jackson.
Can we get the squatter out of Jackson City Hall?
1:20 is a Meal Team 6 member checking in
2:05 - He's being evicted on June 30th, so YES.
2:16 Is just upset she’ll get removed off of Meal Team 6’s property and have to go live under a bridge again.
Now, if we can just get the property owner/mortgage owner to maintain the property! That's the problem with the houses deteriorating. It's too bad we can't stop owners from destroying irreplaceable historic architecture . I'm tired of the HGTV "design" white and black/gray/green everywhere! and wood blocks replacing stone columns!
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