Ahead of lawmakers in the Mississippi House of Representatives and Senate adjourning sine die, Gov. Tate Reeves was sent a piece of legislation intended to protect home and building owners from squatters.
For those unfamiliar with the term, a squatter is defined as a person who unlawfully occupies an uninhabited building or unused land. In many cases, these individuals treat property belonging to someone else as their own, and sometimes, the legal system enables them to do so.
For example, this past December, a Georgia woman was arrested and charged with criminal trespassing for attempting to move back into her home — one that was occupied by a squatter. The homeowner in this situation had fewer rights than one living in her residence without her consent.
To prevent this from happening to property owners in Mississippi, lawmakers in both chambers of the state legislature have overwhelmingly passed legislation limiting squatters’ rights. House Bill 1200, or the “Real Property Owner Protection Act,” formally recognizes that squatters are not tenants who pay dues to occupy a home or building, easing the eviction process of those dwelling in a shelter without prior permission.
Additionally, the act looks to reverse existing state law and iterate that squatters do not have the legal ability to earn property rights through unauthorized occupancy. Currently, a squatter can claim ownership of a property if the individual has dwelled in the facility continuously for 10 or more years. That would no longer be the case if the bill is signed into law.
Property owners would also have an easier path to remove a squatter from their facilities. To initiate the eviction process, the property owner would be tasked with filing a sworn affidavit with their local law enforcement agency. Within 24 hours of the affidavit being filed, police would issue a citation to the alleged squatter, with the unauthorized occupant having three days to contest their status in the court.
However, if the squatter fails to respond to the notice, law enforcement will give the individual a 24-hour notice to vacate the premises before being forcefully removed.
Harsh penalties are also attached in the legislation for squatters. Those who knowingly present false documents to accrue a property not belonging to them could face between two and five years in prison. Squatters responsible for more than $1,000 in damages in the home they unlawfully occupied would also be guilty of a felony, with up to five years imprisonment as a possible punishment.
The bill also allows for property owners to exhaust legal channels to recoup any funds that could have been accrued via rent, but were held in limbo due to the presence of a squatter.
A date of April 7 has been set for Reeves to respond to HB 1200. If the state’s top official etches his signature on the bill, it will go into effect on July 1.
