Bill Text: WV HB4940 | 2024 | Regular Session | Comm Sub
Bill Title: A squatter cannot be considered a tenant in WV.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2024-04-22 - Chapter 251, Acts, Regular Session, 2024 [HB4940 Detail]
Download: West_Virginia-2024-HB4940-Comm_Sub.html
WEST virginia legislature
2024 regular session
Committee Substitute
for
House Bill 4940
By Delegates Crouse, Lucas, Winzenreid, Petitto, and Smith
[Originating in the Committee on the Judiciary; Reported on January 30, 2024]
A BILL to amend the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated as §37-6-31; and to amend said Code by adding thereto a new article, designated as §55-3C-1, §55-3C-2, and §55-3C-3; all relating to squatting and the remedies therefor; defining a term; clarifying that squatting is a wrongful occupation of property; excluding squatting from the provisions of certain sections of Code; providing that petition and eviction are not appropriate remedies to remove squatters from property; defining terms; noting that squatting is the same as trespass; providing that squatters are not tenants; clarifying that the remedy for squatting is arresting the trespassing squatter for the crime of trespass; and providing that petition and eviction are not appropriate remedies to remove squatters from property.
Be it enacted by the Legislature of West Virginia:
CHAPTER 37. REAL PROPERTY.
ARTICLE 6. LANDLORD AND TENANT.
§37-6-31. Exclusions from application of this article.
(a) For purposes of this Article, “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(b) Occupancy by a squatter is not governed by the provisions of this article.
(c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under the provisions of this chapter, by an owner in any instance involving the removal of a squatter from possession of a property, and such removal shall not be unduly hindered.
ARTICLE 3C. REMEDIES FOR SQuaTTING.
§55-3C-1. Squatting defined; squatting synonymous with trespass.
(a) (1) For purposes of this Article, “squatter” means a person occupying a dwelling unit or other structure who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit or structure. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(2) “Squatting” means the act of being a squatter.
(b) Squatting is synonymous with trespass, and is a criminal act under §61-3B-2 or §61-3B-3 of this Code.
§55-3C-2. Squatters not tenants; remedy is arrest for trespass.
(a) Squatters are not considered tenants for purposes of this code.
(b) A person desiring to remove a squatter from a property may apply for relief from violation of the provisions of §61-3B-2 or §61-3B-3 of this Code.
§55-3C-3. Petition and eviction not appropriate remedies for squatters.
No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under §55-3A-1, et. seq. or §55-3B-1, et. seq. of this Code, by an owner in any instance involving the removal of a squatter from possession of a property, and such removal shall not be unduly hindered.
NOTE: The purpose of this bill is to prohibit squatting, and to clarify that squatters are not considered tenants.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
