In a significant development, both the Tennessee Senate and the House have passed SB0795/HB1259 (click to read the act), known as the Anti-Squatting Bill. Once signed into law by the Governor, this bill will take effect from July 1st of this year. Tennessee’s Anti-Squatting Bill aims to provide property owners with a more efficient and streamlined process to remove squatters from their residential real property. Let’s delve into what this bill entails and how it offers significant advantages to property owners compared to laws in other states like California, Colorado, and Arizona.
Tennessee’s Anti-Squatting Bill Overview:
The Anti-Squatting Bill introduces a summary procedure for law enforcement to remove squatters without the need for the General Sessions eviction process. Here are the key points of the bill:
- Streamlined Removal Process: Property owners can file a Complaint to Remove Persons Unlawfully Occupying Residential Real Property directly with the sheriff of the county where the property is located.
- Efficient Verification Process: The sheriff promptly verifies the record owner. If verified, immediate action follows: serving a notice to vacate on all unlawful occupants and restoring possession of the real property to the owner.
- Efficient Service of Notice: Notices can be served by hand delivery or by posting on the front door or entrance of the dwelling.
- Legal Protection: Property owners or their authorized agents are shielded from liability for any loss, destruction, or damage to personal property resulting from actions taken pursuant to this section, provided the removal was not wrongful.
Comparison with Other States:
California:
- While California allows property owners to file an unlawful detainer lawsuit to evict squatters, the process can be time-consuming and burdensome.
- Additionally, squatting itself is not a criminal offense in California, and squatters can only be charged with trespassing if they refuse to leave after being ordered to do so by the property owner or law enforcement.
Colorado:
- In Colorado, property owners can file a civil lawsuit for unlawful detainer to remove squatters. However, the process is similar to California and can be lengthy.
- Squatting itself is not a crime in Colorado, but property owners can involve law enforcement if squatters refuse to leave after being served with an eviction notice.
Arizona:
- While Arizona provides legal recourse for property owners to address squatting through a forcible detainer action, the process can be complex and time-consuming.
- Similar to Tennessee, squatting itself is not a crime in Arizona, and squatters can only be charged with trespassing if they refuse to leave after being ordered to do so by the property owner or law enforcement.
Tennessee’s Anti-Squatting Bill offers property owners a faster and more efficient way to remove squatters compared to laws in California, Colorado, and Arizona. By streamlining the removal process and providing legal protection to property owners, this bill ensures that property rights are preserved while effectively discouraging criminal activity. With the Anti-Squatting Bill, property owners in Tennessee can rest assured that their properties are better protected from unauthorized occupants.