This bill amends existing laws related to trespass and the residential landlord-tenant relationship by introducing specific definitions and penalties for squatting. It defines a "squatter" as a person occupying a dwelling unit or other structure who is not a party to a rental agreement, not a periodic tenant, and is not authorized by the property owner, landlord, or tenant to occupy the dwelling unit or structure. The bill establishes that squatters are not tenants, including those who hold over in a periodic tenancy, and therefore are not afforded the rights and protections typically granted to tenants.

A person found guilty of squatting would be guilty of a misdemeanor and, upon conviction, could face a fine not exceeding one thousand dollars ($1,000), imprisonment for a term not exceeding one year, or both.

The bill also outlines remedies available to property owners and landlords regarding squatters. It allows landlords or property owners to seek the assistance of a police officer to remove and arrest a squatter and to cause them to be prosecuted for the criminal offense of trespass. Furthermore, it clarifies that landlords or property owners are not required to commence eviction proceedings or similar procedures under the provisions of the residential landlord-tenant act. This section does not preclude any other remedy available to a landlord or property owner under general or public law of the state.

The act is set to take effect upon passage.

Statutes affected:
5919: 11-44-26, 34-18-11