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 not authorized by the property owner, landlord, or tenant to occupy the dwelling unit or structure. The bill clarifies that a squatter is not considered a tenant, including those who hold over in a periodic tenancy.

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

The bill also provides remedies for property owners and landlords regarding squatters. It states that a squatter is not a tenant and shall not be afforded the rights and protections set forth in the residential landlord-tenant laws. Furthermore, landlords or property owners are not required to commence eviction proceedings to remove squatters. They may seek the assistance of a police officer to remove and arrest a squatter and cause them to be prosecuted for the criminal offense of trespass. The bill does not preclude any other remedies available to landlords or property owners under general or public law of the state.

The act is set to take effect upon passage.

Statutes affected:
817: 11-44-26, 34-18-11