The police will soon be able to prosecute squatters after the Mississippi House of Representatives overwhelmingly passed HB #1200 this morning.
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. 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.
* 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.
8 comments:
Squatters are burglars. Take action as appropriate.
A squatter in my property would represent clear and present danger to my life and would be dealt with as such.
Bet the democrat legislators fought this tooth and nail.
6:35, it passed both houses overwhelmingly but I am sure you didn't have 15 seconds to actually check.
The only problem I see is owner/agent has to file an affidavit. Some of these landlords of broken down houses don't even live here and couldn't care less. In that type of instance, it would be nice if a neighbor or neighborhood association could file the affidavit.
@ 7:28 - I agree. He said the House passed it and it would become law. No mention of the Senate passing it, but I guess he thought we should be able to figure that out. Can't scour the archives, since it ain't there yet.
most the landlords are out of town leasing agents
Legislature’s website is easy to navigate
Go to https://www.legislature.ms.gov/
Right there on the home page is a search engine for any bill.
Type in which session, house/senate, then the bill number.
Takes you to a summary screen where you can see bill language, progress through both chambers (under History of Actions), etc.
You will see the word “vote” which is a link to the roll call votes.
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