(1) (a) “Agent” means any person who contracts with the owner to assume all rights and duties of the owner or landlord or is given written authority by the owner to assume all rights and duties of the owner or landlord.(b) “Owner” means the person listed on the deed in the chancery court of the county in which the premises is located.(c) “Squatter” means and includes (a) a trespasser who remains on the premises for a period of time; or (b) any person who was invited by a tenant, but remains on the premises after the tenant’s rental agreement has ended. A squatter shall not have the same rights or eviction process as a tenant as defined in Section 89-7-1 et seq. and Section 89-8-1 et seq. The term “squatter” does not mean or include any person with heirship rights.(d) “Tenant” means the same as provided in Section 89-7-1 et seq. and Section 89-8-1 et seq.
(a) “Agent” means any person who contracts with the owner to assume all rights and duties of the owner or landlord or is given written authority by the owner to assume all rights and duties of the owner or landlord.
(b) “Owner” means the person listed on the deed in the chancery court of the county in which the premises is located.
(c) “Squatter” means and includes (a) a trespasser who remains on the premises for a period of time; or (b) any person who was invited by a tenant, but remains on the premises after the tenant’s rental agreement has ended. A squatter shall not have the same rights or eviction process as a tenant as defined in Section 89-7-1 et seq. and Section 89-8-1 et seq. The term “squatter” does not mean or include any person with heirship rights.
(d) “Tenant” means the same as provided in Section 89-7-1 et seq. and Section 89-8-1 et seq.
(2) The right to manage, control or receive payments for any use of real property shall only belong to the owner of the property or an agent designated by the owner for such purposes.
(3) (a) A person commits the crime of squatting when he or she trespasses onto property or is invited onto property and remains on the property without the consent or authority of the owner or an agent of the owner after written notification to leave the premises by the owner or an agent of the owner or the law enforcement agency of the municipality, county or political subdivision in which the property is located.(b) To commence the process to expel a squatter, the owner of the property or his or her agent shall file a sworn affidavit with the law enforcement agency of the municipality, county or political subdivision in which the property is located. The affidavit shall include:(i) The address of the property in question;(ii) The name and address of the person filing, and whether such person is the owner or an agent of the owner of the property;(iii) Any documentation supporting the affidavit of squatting; and(c) No more than twenty-four (24) hours after the filing of the sworn affidavit, the law enforcement agency shall issue a citation upon the alleged squatter in possession of the identified premises or claiming possession thereof. The citation shall command such person to immediately vacate the premises or to notify the municipal or justice court, as applicable, no more than three (3) consecutive days after receipt of the citation that he or she wishes to show cause why he or she is not squatting and should continue in possession of the property. If the alleged squatter fails to notify the municipal or justice court of his or her intent to challenge the charge of squatting within the prescribed time period of three (3) days, the squatter shall be subject to immediate removal from property by the law enforcement agency of the municipality, county or political subdivision in which the property in question is located. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter’s personal property.In addition to the information required by this subsection and the applicable Mississippi Rules of Court, the citation shall state:You are being cited for squatting and required to vacate the premises. If you choose to contest the allegation of squatting, you must notify your municipal or justice court that you will contest the allegations in no more than three (3) consecutive business days from the date you receive this citation. If you do not choose to contest the allegation of squatting, you must vacate the property within twenty-four (24) hours from the date you receive this citation. Failure to vacate the property when you choose not to contest the allegation of squatting shall result in your immediate removal and the immediate removal of all of your personal property. No writ of removal shall be required for such removal. The owner, nor any agent of the owner or the law enforcement officer that removes you or your personal property shall be liable for any damages associated with the removal. At the hearing, the judge will determine if you are a squatter and required to vacate, or if you are entitled to possession of the premises.If you are found to be a squatter, then you will have no more than twenty-four (24) hours from the date of the judgment to move out, unless a shorter period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.If you are a squatter, criminal and civil penalties may be assessed against you, and you shall vacate the premises by the court-ordered move-out date.If you move out by the date ordered by the court, leaving personal property behind, then the owner or his or her agent may dispose of such abandoned property without further notice.If you do not move out by the date and time ordered by the court, the owner or his or her agent can have you removed or arrested by law enforcement, after which time you will lose your authority to remove any items remaining on the premises.The owner or his or her agent may remove any personal property remaining on the premises in any manner determined best by the owner or his or her agent. You may only retrieve your personal property if the owner or his or her agent approves retrieval, but neither the owner nor his or her agent will be obligated to preserve the personal property upon removal.(d) Upon receipt by the municipal or justice court, as applicable, of notice to show cause from an alleged squatter within three (3) days of issuance of a citation for squatting, the court shall set a hearing to determine whether the allegation of squatting is true. The standard shall be a preponderance of the evidence. The hearing shall be set no later than seven (7) days from the date the court receives notice of the alleged squatter’s intent to challenge the squatting citation.
(a) A person commits the crime of squatting when he or she trespasses onto property or is invited onto property and remains on the property without the consent or authority of the owner or an agent of the owner after written notification to leave the premises by the owner or an agent of the owner or the law enforcement agency of the municipality, county or political subdivision in which the property is located.
(b) To commence the process to expel a squatter, the owner of the property or his or her agent shall file a sworn affidavit with the law enforcement agency of the municipality, county or political subdivision in which the property is located. The affidavit shall include:(i) The address of the property in question;(ii) The name and address of the person filing, and whether such person is the owner or an agent of the owner of the property;(iii) Any documentation supporting the affidavit of squatting; and
(i) The address of the property in question;
(ii) The name and address of the person filing, and whether such person is the owner or an agent of the owner of the property;
(iii) Any documentation supporting the affidavit of squatting; and
(c) No more than twenty-four (24) hours after the filing of the sworn affidavit, the law enforcement agency shall issue a citation upon the alleged squatter in possession of the identified premises or claiming possession thereof. The citation shall command such person to immediately vacate the premises or to notify the municipal or justice court, as applicable, no more than three (3) consecutive days after receipt of the citation that he or she wishes to show cause why he or she is not squatting and should continue in possession of the property. If the alleged squatter fails to notify the municipal or justice court of his or her intent to challenge the charge of squatting within the prescribed time period of three (3) days, the squatter shall be subject to immediate removal from property by the law enforcement agency of the municipality, county or political subdivision in which the property in question is located. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter’s personal property.In addition to the information required by this subsection and the applicable Mississippi Rules of Court, the citation shall state:You are being cited for squatting and required to vacate the premises. If you choose to contest the allegation of squatting, you must notify your municipal or justice court that you will contest the allegations in no more than three (3) consecutive business days from the date you receive this citation. If you do not choose to contest the allegation of squatting, you must vacate the property within twenty-four (24) hours from the date you receive this citation. Failure to vacate the property when you choose not to contest the allegation of squatting shall result in your immediate removal and the immediate removal of all of your personal property. No writ of removal shall be required for such removal. The owner, nor any agent of the owner or the law enforcement officer that removes you or your personal property shall be liable for any damages associated with the removal. At the hearing, the judge will determine if you are a squatter and required to vacate, or if you are entitled to possession of the premises.If you are found to be a squatter, then you will have no more than twenty-four (24) hours from the date of the judgment to move out, unless a shorter period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.If you are a squatter, criminal and civil penalties may be assessed against you, and you shall vacate the premises by the court-ordered move-out date.If you move out by the date ordered by the court, leaving personal property behind, then the owner or his or her agent may dispose of such abandoned property without further notice.If you do not move out by the date and time ordered by the court, the owner or his or her agent can have you removed or arrested by law enforcement, after which time you will lose your authority to remove any items remaining on the premises.The owner or his or her agent may remove any personal property remaining on the premises in any manner determined best by the owner or his or her agent. You may only retrieve your personal property if the owner or his or her agent approves retrieval, but neither the owner nor his or her agent will be obligated to preserve the personal property upon removal.
(d) Upon receipt by the municipal or justice court, as applicable, of notice to show cause from an alleged squatter within three (3) days of issuance of a citation for squatting, the court shall set a hearing to determine whether the allegation of squatting is true. The standard shall be a preponderance of the evidence. The hearing shall be set no later than seven (7) days from the date the court receives notice of the alleged squatter’s intent to challenge the squatting citation.
(4) (a) The hearing to determine whether the person is a squatter shall be held no more than seven (7) days from the date on which the citation is issued.(b) If a judgment to vacate is granted, then the judge shall order the squatter to vacate the premises no more than twenty-four (24) hours from the date of the judgment, unless the court finds that a shorter period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than twenty-four (24) hours from the date of the judgment, include, but are not limited to:(i) The squatter has committed acts that materially affect health or safety; or(ii) The squatter poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.Prior to the court-ordered move-out date, the squatter shall have access to the premises to remove all personal property. If the squatter moves out by the date ordered by the court, leaving personal property behind, then the owner may dispose of such abandoned property without further notice.(c) After the court-ordered move-out date, the owner or his or her agent shall contact the law enforcement agency of the municipality, county or political subdivision in which the property is located, to immediately remove the person and his or her personal property and put the owner or the agent of the owner in full possession of the property. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter’s personal property.
(a) The hearing to determine whether the person is a squatter shall be held no more than seven (7) days from the date on which the citation is issued.
(b) If a judgment to vacate is granted, then the judge shall order the squatter to vacate the premises no more than twenty-four (24) hours from the date of the judgment, unless the court finds that a shorter period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than twenty-four (24) hours from the date of the judgment, include, but are not limited to:(i) The squatter has committed acts that materially affect health or safety; or(ii) The squatter poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.Prior to the court-ordered move-out date, the squatter shall have access to the premises to remove all personal property. If the squatter moves out by the date ordered by the court, leaving personal property behind, then the owner may dispose of such abandoned property without further notice.
(i) The squatter has committed acts that materially affect health or safety; or
(ii) The squatter poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.
Prior to the court-ordered move-out date, the squatter shall have access to the premises to remove all personal property. If the squatter moves out by the date ordered by the court, leaving personal property behind, then the owner may dispose of such abandoned property without further notice.
(c) After the court-ordered move-out date, the owner or his or her agent shall contact the law enforcement agency of the municipality, county or political subdivision in which the property is located, to immediately remove the person and his or her personal property and put the owner or the agent of the owner in full possession of the property. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter’s personal property.
(5) (a) During the hearing to determine whether a person is a squatter, the owner or his or her agent shall provide documentation asserting his or her right to possess the property in question. The standard for the hearing shall be a preponderance of the evidence. If the owner filed the complaint and presents a certified copy of the deed that shows him or her as the owner of record, the court shall declare the person who is the subject of the affidavit a squatter and issue a judgment of possession in favor of the owner in accordance with this chapter.(b) If the person filing the complaint is not the owner but presents documentation that proves the person in possession is not the owner, a tenant of the property or any other person with a right to remain on the premises, the court shall declare the person to be a squatter and issue a warrant for removal as provided in this chapter.(c) (i) If the court determines that the person in possession is not a squatter, he or she shall remain on the property.(ii) If the court determines that the person who filed the complaint intentionally made false statements, the person shall be guilty of a misdemeanor and fined in an amount equal to triple all costs and fees accrued by the person who is the subject of the affidavit and may be imprisoned in the county jail for up to six (6) months, or both.(d) The court shall award attorney’s fees and an amount equal to the costs incurred as a result of the hearing to the prevailing party, in addition to any other monies the court finds necessary.
(a) During the hearing to determine whether a person is a squatter, the owner or his or her agent shall provide documentation asserting his or her right to possess the property in question. The standard for the hearing shall be a preponderance of the evidence. If the owner filed the complaint and presents a certified copy of the deed that shows him or her as the owner of record, the court shall declare the person who is the subject of the affidavit a squatter and issue a judgment of possession in favor of the owner in accordance with this chapter.
(b) If the person filing the complaint is not the owner but presents documentation that proves the person in possession is not the owner, a tenant of the property or any other person with a right to remain on the premises, the court shall declare the person to be a squatter and issue a warrant for removal as provided in this chapter.
(c) (i) If the court determines that the person in possession is not a squatter, he or she shall remain on the property.(ii) If the court determines that the person who filed the complaint intentionally made false statements, the person shall be guilty of a misdemeanor and fined in an amount equal to triple all costs and fees accrued by the person who is the subject of the affidavit and may be imprisoned in the county jail for up to six (6) months, or both.
(i) If the court determines that the person in possession is not a squatter, he or she shall remain on the property.
(ii) If the court determines that the person who filed the complaint intentionally made false statements, the person shall be guilty of a misdemeanor and fined in an amount equal to triple all costs and fees accrued by the person who is the subject of the affidavit and may be imprisoned in the county jail for up to six (6) months, or both.
(d) The court shall award attorney’s fees and an amount equal to the costs incurred as a result of the hearing to the prevailing party, in addition to any other monies the court finds necessary.