Bill Text: MS SB2307 | 2025 | Regular Session | Introduced
Bill Title: Stop Squatters Act; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Judiciary, Division A;Judiciary, Division B [SB2307 Detail]
Download: Mississippi-2025-SB2307-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division A; Judiciary, Division B
By: Senator(s) Harkins
Senate Bill 2307
AN ACT TO ENACT THE "STOP SQUATTERS ACT"; TO STATE LEGISLATIVE FINDINGS AND INTENT CONCERNING THE RIGHTS OF REAL PROPERTY OWNERS; TO AUTHORIZE AN OWNER OF REAL PROPERTY TO REQUEST FROM THE SHERIFF OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED THE IMMEDIATE REMOVAL OF A PERSON OR PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING OR COMMERCIAL BUILDING LOCATED ON THE REAL PROPERTY IF CERTAIN CONDITIONS ARE MET; TO REQUIRE THE PROPERTY OWNER TO SUBMIT A COMPLAINT TO THE SHERIFF OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED; TO REQUIRE A SHERIFF, UPON RECEIPT OF A COMPLAINT, TO VERIFY THAT THE COMPLAINANT IS THE OWNER OF THE REAL PROPERTY AND APPEARS ENTITLED TO THE RELIEF SOUGHT; TO REQUIRE THE SHERIFF TO IMMEDIATELY SERVE A NOTICE TO VACATE ON ALL THE UNLAWFUL OCCUPANTS AND PUT THE OWNER IN POSSESSION OF THE REAL PROPERTY; TO AUTHORIZE A FEE FOR THE SHERIFF'S SERVICE OF THE NOTICE; TO AUTHORIZE THE PROPERTY OWNER TO REQUEST THE SHERIFF REMAIN AT THE REAL PROPERTY TO KEEP THE PEACE WHILE THE PROPERTY OWNER CHANGES THE LOCKS AND REMOVES THE PERSONAL PROPERTY OF THE UNLAWFUL OCCUPANTS FROM THE PREMISES TO OR NEAR THE PROPERTY LINE; TO PROVIDE CERTAIN EXEMPTIONS FROM LIABILITY FOR THE SHERIFF AND THE PROPERTY OWNER; TO AUTHORIZE A PERSON TO BRING A CIVIL CAUSE OF ACTION FOR WRONGFUL REMOVAL UNDER THIS ACT; TO PROVIDE A FORM COMPLAINT; TO AMEND SECTION 97-17-67, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO DETAINS, OCCUPIES OR TRESPASSES ANY REAL PROPERTY OF ANOTHER SHALL BE GUILTY OF MALICIOUS MISCHIEF; TO PROVIDE THAT ANY PERSON WHO, WITH INTENT TO DETAIN OR REMAIN UPON REAL PROPERTY, KNOWINGLY AND WILLFULLY PRESENTS TO ANOTHER PERSON A FALSE DOCUMENT PURPORTING TO BE A VALID LEASE AGREEMENT, DEED OR OTHER INSTRUMENT CONVEYING REAL PROPERTY RIGHTS COMMITS A MISDEMEANOR; TO PROVIDE THAT ANY PERSON WHO LISTS OR ADVERTISES REAL PROPERTY FOR SALE KNOWING THAT THE PURPORTED SELLER HAS NO LEGAL TITLE OR AUTHORITY TO SELL THE PROPERTY, OR RENTS OR LEASES THE REAL PROPERTY TO ANOTHER PERSON KNOWING THAT HE OR SHE HAS NO LAWFUL OWNERSHIP IN THE PROPERTY OR LEASEHOLD INTEREST IN THE PROPERTY, COMMITS A FELONY; TO PROVIDE CRIMINAL PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Stop Squatters Act."
SECTION 2. (1) The Legislature finds:
(a) The right to exclude others from entering, and the right to direct others to immediately vacate, real property are the most important real property rights.
(b) The existing remedies regarding unauthorized persons who unlawfully remain on real property fail to adequately protect the rights of the property owner and fail to adequately discourage theft and vandalism.
(2) Therefore, the legislative intent of this act is to quickly restore possession of real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.
SECTION 3. (1) An owner of real property or his or her authorized agent may request from the sheriff of the county in which the real property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling or commercial building located on the real property pursuant to this act if all of the following conditions are met:
(a) The requesting person is the owner of the real property or is the authorized agent of the property owner.
(b) The real property that is being occupied includes a residential dwelling or commercial building.
(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the owner's real property.
(d) The real property was not open to members of the public at the time the unauthorized person or persons entered.
(e) The property owner has directed the unauthorized person or persons to leave the property.
(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.
(g) The unauthorized person or persons are not immediate family members of the property owner.
(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
(2) To request the immediate removal of an unlawful occupant of a residential dwelling or commercial building, the property owner or his or her authorized agent must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Real Property to the sheriff of the county in which the real property is located.
(3) (a) Upon receipt of the complaint, the sheriff shall verify that the complainant is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this act. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service.
(b) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under Section 25-7-19.
SECTION 4. (1) After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff remain at the real property to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line.
(2) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction or damage of property.
(3) The real property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction or damage to the personal property unless the removal was wrongful.
SECTION 5. A person may bring a civil cause of action for wrongful removal under this act. A person harmed by a wrongful removal under this act may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs and reasonable attorney fees. In an action brought under this section, the court shall give priority on its docket and an expedited review and may grant injunctive or other equitable relief.
SECTION 6. This act shall not limit:
(a) The rights of a property owner;
(b) The authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft or other crimes; or
(c) The authority of a sheriff, who is serving the notice provided in this act, from arresting any person found in the dwelling for trespass, outstanding warrants or any other legal cause.
SECTION 7. The complaint required in Section 3 of this act must be in substantially the following form:
COMPLAINT TO REMOVE PERSONS UNLAWFULLY
OCCUPYING REAL PROPERTY
I, the owner or authorized agent of the owner of the real property located at [Address of real property], declare under the penalty of perjury that [initial each space]:
1. [_____] I am the owner of the real property or the authorized agent of the owner of the real property.
2. [_____] The real property is a residential dwelling or commercial building.
3. [_____] An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.
4. [_____] The real property was not open to members of the public at the time the unauthorized person or persons entered.
5. [_____] I have directed the unauthorized person or persons to leave the real property, but they have not done so.
6. [_____] The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.
7. [_____] The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.
8. [_____] The unauthorized person or persons are not immediate family members of the property owner.
9. [_____] There is no litigation related to the real property pending between the property owner and any person sought to be removed.
10. [_____] I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs and reasonable attorney fees.
11. [_____] I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential or commercial property.
12. [_____] A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached.
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 97-9-59.
[Signature of Property Owner or Agent of Owner]
SECTION 8. Section 97-17-67, Mississippi Code of 1972, is amended as follows:
97-17-67. (1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
(2) Every person who unlawfully or maliciously detains, occupies or trespasses or causes to be detained, occupied or trespassed, any real property of another, shall be guilty of malicious mischief.
( * * *3) If the value of the property
destroyed, disfigured, detained, occupied, trespassed or injured is One
Thousand Dollars ($1,000.00) or less, it shall be a misdemeanor and may be punishable
by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in
the county jail not exceeding twelve (12) months, or both, if the court
finds substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
not made, the court shall suspend the sentence of imprisonment and impose a
period of probation not exceeding one (1) year or a fine of not more than One
Thousand Dollars ($1,000.00), or both. Any person convicted of a third or
subsequent offense under this subsection where the value of the property is not
less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years
or fined an amount not exceeding One Thousand Dollars ($1,000.00), or
both.
( * * *4) If the value of the property
destroyed, disfigured, detained, occupied, trespassed or injured is in
excess of One Thousand Dollars ($1,000.00) but less than Five Thousand Dollars
($5,000.00), it shall be a felony punishable by a fine not exceeding Ten
Thousand Dollars ($10,000.00) or imprisonment in the Penitentiary not exceeding
five (5) years, or both.
( * * *5)
If the value of the property is Five Thousand
Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), it shall be
punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or
imprisonment in the Penitentiary not exceeding ten (10) years, or both.
( * * *6) If the value of the property is
Twenty-five Thousand Dollars ($25,000.00) or more, it shall be punishable by a
fine of not more than Ten Thousand Dollars ($10,000.00) or imprisonment in the
Penitentiary not exceeding twenty (20) years, or both.
( * * *7) In all cases restitution to the
victim for all damages shall be ordered. The value of property destroyed,
disfigured, detained, occupied, trespassed or injured by the same party
as part of a common crime against the same or multiple victims may be
aggregated together and if the value exceeds One Thousand Dollars ($1,000.00),
shall be a felony.
( * * *8) For purposes of this statute, value
shall be the cost of repair or replacement of the property damaged or
destroyed.
( * * *9) Anyone who by any word, deed or act
directly or indirectly urges, aids, abets, suggests or otherwise instills in
the mind of another the will to so act shall be considered a principal in the
commission of said crime and shall be punished in the same manner.
SECTION 9. Any person who, with intent to detain or remain, or cause another to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed or other instrument conveying real property rights commits a misdemeanor. Upon conviction, the person shall be imprisoned for a term less than one (1) year in the county jail, fined an amount not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
SECTION 10. Any person who lists or advertises real property for sale knowing that the purported seller has no legal title or authority to sell the property, or leases the real property to another person knowing that he or she or the purported lessor has no lawful ownership in the property or leasehold interest in the property, commits a felony. Upon conviction, the person shall be imprisoned for a term not to exceed thirty (30) years in the custody of the Mississippi Department of Corrections, fined an amount not to exceed Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
SECTION 11. This act shall take effect and be in force from and after its passage.
