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HOUSE BILL No. 2378
AN ACT establishing removal of squatters act; requiring an owner or agent of a dwelling
unit to provide a notarized affidavit regarding a person identified as a squatter;
providing criminal penalties for an owner or agent knowingly providing a false
affidavit; establishing the duties of law enforcement agencies ; establishing a civil
cause of action against an owner or agent for wrongful removal.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The legislature finds that the fundamental rights of
owning property include the right of the owner to exclude others from
entering or remaining unlawfully on the property. The legislature
further finds that squatting, or the unauthorized entry into or remaining
in a dwelling, is a violation of the rights of property owners and is
against the public interest. The intent of this act is to protect the rights
of property owners and to provide a timely and effective mechanism for
removing squatters while protecting the rights of legitimate occupants.
Sec. 2. (a) The owner of a dwelling unit or the agent of the owner
of a dwelling unit may request the removal of an unauthorized person
from the dwelling unit by submitting a notarized affidavit to a law
enforcement agency in the county where the dwelling unit is located
containing the following elements:
(1) The affiant is the owner of the dwelling unit or the agent of the
owner of the dwelling unit;
(2) a person has entered and is remaining unlawfully in the
dwelling unit;
(3) the person was not authorized to enter the dwelling unit;
(4) the person is not a tenant or a holdover tenant;
(5) the affiant has requested the unauthorized person to vacate the
dwelling unit and the person has not done so; and
(6) the unauthorized person is not an immediate family member of
the property owner.
(b) An affiant who knowingly provides a false affidavit to a law
enforcement agency under this section may be charged with a class A
nonperson misdemeanor.
Sec. 3. (a) Upon receipt of the affidavit, the applicable law
enforcement agency shall verify that the affiant is the record owner of
the dwelling unit or the authorized agent of the owner of the dwelling
unit and appears otherwise entitled to relief. Upon verification and after
at least 24 hours from receipt of the affidavit, a law enforcement officer
shall serve a notice on the unauthorized person to vacate immediately
the dwelling unit.
(b) Service may be accomplished by hand delivery of the notice to
any unauthorized person occupying the dwelling or by posting notice
on the front door or entrance of the dwelling unit. The law enforcement
agency shall also attempt to verify the identities of all persons
occupying the dwelling and note the identities on the return of service.
(c) The law enforcement officer may charge a fee of not more than
$50 to process an affidavit filed pursuant to this act.
Sec. 4. The affiant owner of the dwelling unit or the agent of the
owner of the dwelling unit shall provide notice at the dwelling unit
notifying the unauthorized person that such person has no right to
occupy the dwelling unit and must vacate immediately. The notice shall
include the street address of the law enforcement agency where the
affidavit will be delivered. A copy of the notice with the date and time
of delivery shall be attached to the affidavit.
Sec. 5. No law enforcement agency or such agency's deputies or
employees or political subdivision of the state may be held liable for
any action or omission made in good faith pursuant to this act. A law
enforcement officer is not liable to an unauthorized person individual
or any other party for loss, destruction or damage of property.
HOUSE BILL No. 2378—page 2
Sec. 6. A person may bring a civil cause of action for wrongful
removal under this act against the affiant owner of the dwelling unit or
agent of the owner of the dwelling unit. An person harmed by a
wrongful removal under this act may have the possession of the
dwelling unit restored and may recover actual costs and damages, as
well as punitive damages of triple the fair market rent of the dwelling,
plus court costs and reasonable attorney fees.
Sec. 7. (a) Sections 1 through 7, and amendments thereto, shall be
known as the removal of squatters act.
(b) As used in this act:
(1) "Dwelling unit" means the same as defined in K.S.A. 58-2543,
and amendments thereto, except that "dwelling unit" includes
commercial property and mobile homes.
(2) "Immediate family member" means spouse, child, grandchild
of any degree, parent, mother-in-law, father-in-law, grandparent of any
degree, brother, brother-in-law, sister, sister-in-law, half-brother, half-
sister, uncle, aunt, nephew or niece, whether biological, step or
adoptive.
(3) "Law enforcement agency" and "law enforcement officer"
mean the same as defined in K.S.A. 22-4606, and amendments thereto.
(4) "Squatter" means a person occupying a dwelling who is not
entitled to occupy the dwelling under a lease or rental agreement nor
authorized by a tenant to occupy the dwelling. "Squatter" does not
include a tenant who holds over in periodic tenancy.
(5) "Tenant" means the same as defined in K.S.A. 58-2543, and
amendments thereto.
(c) Occupancy by a squatter is excluded from the residential
landlord tenant act and the removal of a squatter shall not require the
use of an eviction action under such act.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.