HB474INTRODUCED
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HB474
NRNVS8T-1
By Representatives Lipscomb, Hurst, Butler, Paschal, Shaw,
Morris, Stringer, Brown, Kirkland, Brinyark, Ellis, Pettus,
Treadaway, Estes, Moore (P), Underwood, Robertson, Hammett,
Rehm, Wood (D), Rigsby, Hulsey, Yarbrough, Ingram, DuBose,
Shaver, Kiel, Stadthagen, Sells, Clouse, Lee, Paramore, Whitt,
Crawford, Carns, Standridge, Robbins, Bolton, Mooney,
Easterbrook, Fincher, Wilcox, Gray, Chestnut, Lawrence,
Warren, Clarke, Forte, Travis, Lands, Starnes, Shirey, Lamb,
Gidley, Hassell, Bracy, Jackson, Tillman, Boyd, Ross, Fidler,
Givens, Colvin
RFD: Judiciary
First Read: 20-Mar-25
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14 NRNVS8T-1 03/20/2025 TRP (L)bm 2025-161
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First Read: 20-Mar-25
SYNOPSIS:
Under existing law, an owner or an agent of an
owner may request that local law enforcement officers
remove an unauthorized individual from his or her
premises.
This bill would further provide for additional
procedures and clarify the jurisdiction under which
local law enforcement may operate to remove an
unauthorized individual from the premises.
A BILL
TO BE ENTITLED
AN ACT
Relating to property rights; to amend Sections 35-9B-1,
35-9B-2, 35-9B-3, and 35-9B-9; to clarify procedures and
jurisdiction for local law enforcement to facilitate the
removal of unauthorized individuals from the premises.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 35-9B-1, 35-9B-2, 35-9B-3, and
35-9B-9, Code of Alabama 1975, are amended to read as follows:
"§35-9B-1
For the purposes of this section, the following terms
have the following meanings: term "dwelling" has the same
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have the following meanings: term "dwelling" has the same
meaning as provided in Section 13A-7-1
(1) AGENT. A person granted authority to act for an
owner under a power of attorney, whether denominated an agent,
attorney-in-fact, or otherwise.
(2) BUILDING. The term has the same meaning as provided
in Section 13A-7-1.
(3) POWER OF ATTORNEY. A writing or other record that
grants authority to an agent to act in the place of the owner,
whether or not the term "power of attorney" is used.
(4) PREMISES. The term has the same meaning as provided
in Section 13A-7-1 .
"§35-9B-2
(a) The owner of the premisesa dwelling or the agent of
the owner of the premisesa dwelling may request the removal of
an unauthorized individual from the premisesdwelling by
submitting a sworn affidavit to a law enforcement agency in
the county where the premisesdwelling is located, as specified
in subsection (d), containing all of the following elements:
(1) The affiant is the owner of the premisesdwelling or
the agent of the owner of the premisesdwelling.
(2) An individual has entered and is remaining
unlawfully in or on the premisesdwelling.
(3) The individual was not authorized to enter the
premisesdwelling or remain in the dwellingon the premises.
(4) The individual is not a tenant, as defined in
Section 35-9A-141, or a holdover tenant, as described in
Section 34-9A-44135-9A-441.
(5) The affiant has requested that the unauthorized
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(5) The affiant has requested that the unauthorized
individual vacate the premisesdwelling as provided under this
section and the individual has not done so.
(6) The unauthorized individual is not an immediate
family member of the property owner.
(7) There is no pending litigation related to the
dwellingpremises between the property owner and the
unauthorized individual .
(b) The sworn affidavit requesting the removal of an
unauthorized individual from a dwelling must be substantially
in the following form , as adopted by the Alabama
Administrative Office of Courts :
Affidavit to Remove An Individual Unauthorized to
Occupy PremisesDwelling
I, the owner, or authorized agent of the owner, of the
premisesdwelling located at ______________ declare under the
penalty of perjury that:
1. I am the owner of the premisesdwelling or the
authorized agent of the owner of the premises,dwelling proof
of ownership is attached in the form of a deed or similar
document showing the owner's name .
2. The real property is a dwelling.
3.2. An unauthorized individual has unlawfully entered
or remained in or on the premisesdwelling.
4.3. The unauthorized individual is not a tenant, a
holdover tenant, or an immediate family member of the owner,
and any lease that may be produced by the unauthorized
individual is fraudulent.
5.4. The unauthorized individual does not have an
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5.4. The unauthorized individual does not have an
ownership interest in the premisesproperty and is not listed
on the title to the premisesproperty unless the individual has
engaged in title fraud.
6.5. There is no litigation related to the
premisesdwelling pending between the owner, or his or her
agent, and any unauthorized individual.
7.6. Notice was provided by hand delivery to the
unauthorized individual occupying the premisesdwelling or by
posting notice on the premises, which may be on the front door
or entrance of the dwellingif the premises is a building , and
evidence of the notice, including the date and time of
delivery, is attached.
8.7. I understand that an individual removed from the
propertypremises pursuant to this affidavit may bring a cause
of action against me for any false statements made in this
affidavit, or for wrongfully using this procedure, and that,
as a result of such action, I may be held liable for actual
damages, penalties, costs, and reasonable attorney fees.
9.8. I am requesting law enforcement to remove, as soon
as possible, the unauthorized individual from the
premisesdwelling.
10.9. A copy of my valid government-issued
identification is attached, or I am an agent of the property
owner, and documents , such as a power of attorney, evidencing
my authority to act on the property owner's behalf are
attached.
I have read and assert the truth of every statement
made in this affidavit. I understand that my statements in
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made in this affidavit. I understand that my statements in
this affidavit are being made under penalty of perjury as
provided in Section 13A-10-9.
[Signature of Property Owner or Agent of Property
Owner]
[Contact Information of Property Owner or Agent of
Property Owner]
(c) The affiant must provide notice at the
premisesdwelling notifying the unauthorized individual that he
or she has no right to the premisesdwelling and must vacate
immediately. The notice must 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 must
be attached to the affidavit .
(d) A municipal law enforcement agency shall have sole
jurisdiction to enforce this section on the premises located
in its corporate limits, unless otherwise agreed upon by the
municipality and the county law enforcement agency .
"§35-9B-3
(a) Upon receipt of the affidavit and accompanying
documents, the law enforcement agency shall verify that the
affiant is the record owner of the premisesdwelling or the
authorized agent of the owner of the premises,dwellingthe
affiant's information is complete, and the affiant appears
otherwise entitled to relief. Within 24 hours of Upon
verification but after at least 24 hours from after receipt
of the affidavit, the law enforcement agency shall serve a
notice to immediately vacate on the unauthorized individual
and remove the unauthorized individual from the premises .
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and remove the unauthorized individual from the premises .
Service may be accomplished by hand delivery of the notice to
any unauthorized individual occupying the premisesdwelling or
by posting notice on the front door or entrance of the
premisesdwelling. Law enforcement shall also attempt to verify
the identities of all individuals occupying the
premisesdwelling and note the identities on the return of
service. If appropriate, a law enforcement officer may arrest
any individual found in the dwellingon the premises for
trespass, burglary, theft, or any other criminal act, or for
an outstanding warrant.
(b) A law enforcement agency may charge a fee of not
more than fifty dollars ($50) to process an affidavit filed
pursuant to this section.
(c) Any fees received by a law enforcement agency
pursuant to this chapter may be deposited in the sheriff's
discretionary account or in the general fund of the
municipality, as applicable, and may only be used for
legitimate law enforcement purposes.
(d) A law enforcement agency shall not refuse to accept
an affidavit and must either establish procedures for
processing an affidavit received under this chapter or adopt a
process established by the Alabama State Law Enforcement
Agency."
"§35-9B-9
(a) For the purposes of this chapter, the termterms
"squatter" and "unauthorized individual" mean an
individualmeans a person occupying a dwelling the premises who
is not entitled to occupy the dwellingpremises under a lease
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is not entitled to occupy the dwellingpremises under a lease
or rental agreement nor authorized by a tenant to occupy the
dwellingpremises. The term doesterms do not include a tenant
who holds over in periodic tenancy as described in Section
35-9A-441.
(b) Occupancy by a squatter or unauthorized individual
is excluded from the application of Chapters 9 and 9A, and the
removal of a squatter or unauthorized individual shall not
require the use of an eviction action under those chapters."
Section 2. This act shall become effective on October
1, 2025.
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