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Bill > HB2378


KS HB2378

KS HB2378
Establishing the removal of squatters act, providing a procedure to remove a squatter from a dwelling unit, requiring owners or agents of dwelling units to provide an affidavit to the county sheriff department or police department , requiring notice to vacate by the sheriff, establishing the crime of providing a false affidavit and establishing a civil cause of action for wrongful removal of a person from a dwelling unit, allowing attorney fees and punitive damages.


summary

Introduced
02/11/2025
In Committee
03/07/2025
Crossed Over
03/06/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT establishing removal of squatters act; requiring an owner or agent of a dwelling unit to provide a detailed 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 the county sheriff law enforcement agencies; establishing a civil cause of action against an owner or agent for wrongful removal.

AI Summary

This bill establishes a comprehensive procedure for property owners to remove unauthorized occupants, or "squatters," from dwelling units in Kansas. The legislation allows property owners or their agents to request squatter removal by submitting a notarized affidavit to local law enforcement, detailing specific circumstances such as unauthorized entry, lack of tenant status, and prior requests to vacate. After verifying the owner's claims, law enforcement must serve a notice requiring the squatter to immediately leave the property, with service possible through hand delivery or posting on the dwelling's entrance. The bill creates criminal penalties for knowingly providing false affidavits, classifying such actions as a class A nonperson misdemeanor. Additionally, the legislation establishes a civil cause of action for individuals wrongfully removed, allowing them to seek restoration of possession, actual damages, and punitive damages up to triple the fair market rent, plus attorney fees. The act broadly defines "dwelling unit" to include commercial properties and mobile homes, and explicitly excludes squatter removal from standard residential landlord-tenant eviction procedures. Importantly, the bill aims to protect property owners' fundamental rights while also providing safeguards against potential abuse of the removal process.

Committee Categories

Government Affairs, Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Federal and State Affairs (House)

Last Action

Senate Hearing: Monday, March 17, 2025, 10:30 AM Room 346-S (on 03/17/2025)

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