Legislation to outlaw squatting moves forward in Senate

• Mississippi does not currently have laws protecting private property from squatters. The House “Real Property Owners Protection Act” aims to change that.

The Senate Judiciary A Committee moved legislation forward that would crack down on squatters in the Magnolia State by increasing penalties for both squatters and individuals misrepresenting themselves as landlords or agents.

The bill – HB 1200 – passed out of the committee on a voice vote, but not unanimously.

READ MORE: Legislation to protect property owners from squatters passes in Mississippi House

State Rep. Shanda Yates (I) provided a lengthy presentation on the bill authored by Rep. Brent Powell (R) before the Senate committee on Tuesday.

“What this bill does is set up a mechanism that is clear for law enforcement and clear for those who own property with respect of how to remove squatters from your property,” she said of the “Real Property Owners Protection Act.”

As previously reported, the measure outlines the process to remove a squatter, noting that the owner or managing agent would file a notice with the local law enforcement agency, upon which time the law enforcement agency has 24 hours to provide notice to the alleged squatter(s). If an alleged squatter is served notice and they wish to challenge the eviction, the person has three days to provide notice to the applicable municipal or justice court. If notice is not made within that three-day period, the law enforcement agency has cause to remove the squatters. 

After a challenge is filed, the court has seven days to hold a hearing on the case. When a person is determined to be a squatter, they will then have 24 hours to vacate the property, unless the court finds reason to have that person(s) removed in less than a day. If the date the court ordered the squatter to move out passes and the squatter remains, that person can be immediately removed by law enforcement. Any personal property in the home at that time is forfeited and can be disposed of by the property owner.

The agent or owner of the property and the law enforcement officer involved in removing the squatter will not be liable for any damage to personal property during the eviction.

Rep. Yates explained that Mississippi does not currently have laws dealing with squatters.

“While we have laws on the books that deal with landlord and tenants and trespassing issues, squatters are in this weird gray area,” she said, adding that most states do not have squatter laws but are creating measures to address the issue.

In addition, the legislation includes makes it a felony for those who provide false documentation that allows a person to present themselves as the owner or managing agent of property they do not legally have the right to rent, lease or sell. Protections for residents who may face false reports of squatting are also part of the legislation.

Yates said the state’s Realtor Association, Sheriffs’ Association and local law enforcement back the bill. Calls for comment on the bill went unreturned.

The House bill now goes to the floor for full Senate consideration.