Squatters are finding they no longer have a home in Jackson after the city of Jackson prosecuted its first squatter case this week.
Toscha Charise took up residence at a home on 2625 Key Street. The owners of the property, Key Street Trust, filed an affidavit as required by law. Jackson Environmental Court Judge Jeff Reynolds held a hearing Monday and ordered the defendant to leave the property within ten days. His order states:
The Court finds that the Key Street Trust is the sole owner of the house located at 2625 Key Street . Ms. Charise is hereby declared a squatter and by agreement of the trust, is given 10 days from today to vacate the premises. A Judgment of Possession is issued in favor of the trust.
The Trust produced competent evidence that they have incurred $625 in attorney's fees and expenses in attempting to have Ms. Chaurise removed. However, Ms. Charise offered testimony, not disputed by the Trust, that she had made improvements to the property, like for example, painting the property and installing a new water heater. Given this, no money judgment will be awarded to the Trust.
The defendant also paid the property taxes.
The Mississippi legislature passed a law this year that made it easier to prosecute squatters. The case was Jackson's first prosecution of a squatter.
* 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.
7 comments:
Property rights? You don't have no stinkin' property rights.
so i can just move in an unoccupied house, and when evicted claim I vacuumed the carpet and owe nothing.
Now let’s see if she leaves on her own or by force. Popcorn ready. Tune in for the exciting conclusion!
Unfortunate that it took Jacksonians eight years to evict that squatter in City Hall. Mississippi needs laws that allow citizens to recall corrupt officeholders. Make the hurdle to recall robust but provide the ability so cities like Jackson do not ever again have to live under the incompetent tyranny of someone like Lumumba.
A former Jackson MS landlord stated she would go through the lengthy eviction process, meet the Hinds County Constable to oversee moving the deadbeat tenant out, only to have the deadbeat tenant move right back in to the same property they were just evicted from right after she and the constable left the area. Then, when she called the Jackson Police to come arrest them for breaking and entering and trespassing, the message from the JPD was similar to the Seinfeld Soup Nazi, “No Help For You!”
Then, the super majority Republican controlled MS Legislature, in all of their genius, led by a really bright Republican (allegedly from down south) allowed Democrats to con them into the current MS Landlord Law that requires ELEVEN, yep, that’s the number 11 trips in order to evict a deadbeat tenant over the better part of a two month period, if the landlord acts quickly.
So, like the Blue States example California, the good tenants now pay more in security deposits and increased rental rates so the deadbeats can swindle the system. It makes you wonder if there’s a maximum IQ requirement to become a Republican MS legislator.
I've watched a lot of these trials on YouTube. Most of these people are absolutely insufferably entitled and whiny. Some states have the most insane rights afforded to squatters and there are some judges that are 100% biased against landlords. It's scary at times.
Improvements to the property should be irrelevant unless it is shown that the owner somehow tricked the squatter into painting or adding to the property's value. Otherwise after a squatter is allowed to remove his/her personal property only works that were an absolute necessity to save the property should be considered for reimbursement to a squatter.
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