HB 2378 — “Removal of Squatters Act” (2025) — Summary
Status
- Introduced: February 4, 2025.
- Committee hearing (per bill info): Monday, March 17, 2025, 10:30 AM, Room 346‑S.
- Bill has been amended in committee; committee report and fiscal note available.
Purpose
- Establishes a state statutory procedure (the “Removal of Squatters Act”) to allow dwelling owners or their agents to request law enforcement remove unauthorized occupants (commonly described as “squatters”) quickly, while preserving remedies for persons wrongfully removed.
Key provisions
- Affidavit filing: Owner or authorized agent may submit a notarized “unauthorized occupant” affidavit to the local law enforcement agency. Required affidavit statements include that the affiant is owner/agent; a person is unlawfully occupying the dwelling; the person is not a tenant or holdover periodic tenant; the occupant was asked to vacate and refused; and the occupant is not an immediate family member.
- Owner notice: Affiant must deliver a written notice at the dwelling notifying the occupant they must vacate immediately and include the law enforcement agency’s street address. A dated copy of this notice must be attached to the affidavit.
- Law enforcement verification & notice: Upon receipt, the law enforcement agency must verify the affiant’s ownership/agency status and — after at least 24 hours from receipt and verification — a law enforcement officer must serve or post a notice to vacate. The agency must attempt to verify identities of all persons present and record them on the return.
- Arrest authority: Officers may arrest persons found committing trespass, burglary, theft, criminal damage to property, other criminal acts, or persons with outstanding warrants.
- Processing fee: A law enforcement officer may charge up to $50 to process an affidavit.
- Immunity: Political subdivisions and law enforcement agencies, and officers acting in good faith under the Act, are afforded immunity from civil liability for actions/omissions made in good faith; officers are also shielded from liability for loss/damage of property while carrying out the Act.
Civil and criminal remedies
- False affidavit: An affiant who knowingly submits a false affidavit may be charged with a Class A nonperson misdemeanor.
- Wrongful removal cause of action: A person harmed by wrongful removal may sue the affiant (owner/agent). Remedies available if wrongful removal is found include restoration of possession, actual damages and costs, reasonable attorney fees, court costs, and punitive damages equal to three times the fair‑market rent of the dwelling.
Definitions and scope
- “Squatter”: Person occupying a dwelling without entitlement under lease/rental agreement and not authorized by a tenant; excludes tenants who hold over in periodic tenancy.
- “Dwelling unit”: Uses Residential Landlord and Tenant Act definition, expanded to expressly include commercial property and mobile homes.
- “Immediate family member”: Broadly defined (spouse, children, parents, grandparents, siblings and many in‑law/extended relations, biological/step/adoptive).
- Occupancy by a squatter is excluded from the Residential Landlord and Tenant Act; removal under this Act need not use eviction procedures.
Potential impacts / fiscal note highlights
- Courts: The Office of Judicial Administration anticipates possible increases in district court filings (new misdemeanor and wrongful‑removal civil claims), increasing judicial and court services workload; fiscal effect unspecified.
- Counties/sheriffs: Kansas Association of Counties expects increased sheriff office workload (processing, verification, possible removals); the $50 processing fee may offset part of costs but overall fiscal impact is uncertain.
- Risk/benefits: Provides property owners a faster administrative route for removal, but creates risk of civil liability and substantial punitive damages where removals turn out to be wrongful; includes criminal sanction for knowingly false affidavits and provides law enforcement limited immunity for good‑faith actions.
Where to read the full text
- Committee report, bill text, and fiscal note are available via the Legislative Research Department / Kansas Legislature websites.
