Session of 2025
HOUSE BILL No. 2378
By Committee on Federal and State Affairs
Requested by Representative Will Carpenter
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AN ACT establishing removal of squatters act; requiring an owner or
agent of a dwelling unit to provide a detailed affidavit regarding a
person identified as a squatter; providing criminal penalties for an
owner or agent knowingly providing a false affidavit; establishing
duties of the county sheriff; 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 ensure that squatting is considered a crime, to
adequately 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 an affidavit to the county sheriff 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) (1) "Dwelling unit" has the same meaning as defined in K.S.A.
58-2543, and amendments thereto.
(2) "Tenant" has the same meaning as defined in K.S.A. 58-2543, and
amendments thereto.
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Sec. 3. (a) Upon receipt of the affidavit, the county sheriff 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, the county sheriff 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 county sheriff shall
also attempt to verify the identities of all persons occupying the dwelling
and note the identities on the return of service.
(c) The county sheriff may arrest any person found in the dwelling
unit for trespass, burglary, theft or any other criminal act, or for an
outstanding arrest warrant.
(d) The county sheriff may charge a fee of not more than $50 to
process an affidavit filed pursuant to this act.
Sec. 4. (a) 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 county sheriff's office where the affidavit will be
delivered. A copy of the notice with the date and time of delivery shall be
attached to the affidavit.
(b) An affiant who knowingly provides a false affidavit to the county
sheriff may be charged with a class A nonperson misdemeanor.
Sec. 5. No county sheriff's department or political subdivision of the
state may be held liable for any action or omission made in good faith
pursuant to this act. A county sheriff's officer is not liable to an
unauthorized person individual or any other party for loss, destruction or
damage of property.
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) "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.
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(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.
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