Kansas House Bill 2378: Could Squatting Become a Crime in Kansas?

On February 17, 2025, the Kansas House Committee on Federal and State Affairs convened to debate House Bill 2378 – a proposed measure designed to streamline the process for removing unauthorized occupants, or squatters, from residential properties. Dubbed the “Removal of Squatters Act”, this bill aims to empower property owners while addressing longstanding concerns over a lengthy and cumbersome eviction process.

Background and Legislative Rationale

At its core, HB 2378 is premised on the belief that property owners possess a fundamental right to exclude individuals who unlawfully occupy their property. Kansas Representative Will Carpenter, a vocal proponent of the bill, noted during the committee discussion that although squatting may not be a pervasive issue in Kansas today, preemptive measures are essential to forestall future complications. Carpenter has a history of advocating similar legislation, underscoring the need for a more efficient and effective legal mechanism to handle squatting disputes.

The bill’s legislative intent is clear:

Protecting Property Rights: It reiterates that the right to own property includes the right to exclude unauthorized occupants.
Ensuring Timely Relief: By creating a statutory process for removing squatters, the act seeks to reduce delays inherent in traditional eviction proceedings.

Key Provisions of HB 2378

1. Affidavit Requirement for Removal

Under Section 2, the act mandates that a property owner—or their authorized agent—must file a detailed affidavit with the local county sheriff to request the removal of an unauthorized occupant. This affidavit must contain:

A declaration of ownership or agency.
Evidence that the individual in question has unlawfully entered or remained in the dwelling.
A confirmation that the person is neither a tenant (or holdover tenant) nor an immediate family member of the owner.
A statement confirming that the owner has requested the person vacates the premises, without success.

2. Duties of the County Sheriff

Section 3 outlines the responsibilities of the county sheriff once an affidavit is filed:

Verification: The sheriff must confirm the affiant’s legal standing as the property owner or authorized agent.
Notice Service: After a minimum waiting period of 24 hours, the sheriff is required to serve a notice on the unauthorized occupant, either in person or by posting it on the dwelling’s entrance.
Enforcement Powers: The sheriff is empowered to arrest the occupant if other criminal activities (such as trespassing or burglary) are identified. A nominal fee of up to $50 may be charged for processing the affidavit.

3. Safeguards Against Abuse

To prevent misuse, Section 4 imposes a penalty on any owner or agent who knowingly submits a false affidavit. Such a violation could result in a class A nonperson misdemeanor, thereby deterring frivolous or malicious filings.

4. Liability Protections and Civil Remedies

The act provides county sheriffs and related entities with broad immunity for actions taken in good faith. However, it also opens the door for civil litigation:

Section 6 allows any person who suffers wrongful removal under the act to pursue a civil cause of action.
Potential remedies include the restoration of possession, recovery of actual costs and damages, and, in some instances, punitive damages calculated at triple the fair market rent of the dwelling.

5. Definitions and Procedural Clarifications

Section 7 consolidates the act under the title “Removal of Squatters Act” and clarifies key terms:

Squatter: Defined as a person occupying a dwelling without entitlement under a lease or rental agreement and without authorization from a tenant.
Importantly, the bill specifies that removal actions under this act are distinct from traditional eviction proceedings governed by the Residential Landlord-Tenant Act.

Legislative Debate and Stakeholder Perspectives

During the recent House Committee session, several perspectives emerged:

• Proponents’ View:

- Efficiency and Clarity: Supporters, including Representative Carpenter, argue that the act would provide a much needed, streamlined process to address squatting, reducing delays and legal uncertainties.
- Law Enforcement Support: Sedgwick County Sheriff Jeffrey Easter, representing the Kansas Sheriffs’ Association, highlighted that the act could expedite removals. However, he also stressed the need for additional discussions regarding judicial review and contingencies if a squatter refuses to vacate.

• Critics’ Concerns:

- - Tenant and Homeless Rights: Dustin Hare of Kansas Action for Children warned that the bill might undermine the rights of tenants and could disproportionately impact individuals experiencing homelessness. Hare argued that by potentially circumventing the traditional eviction process, the bill might allow landlords undue power to remove occupants without adequate judicial oversight.
  - Potential for Abuse: Critics contend that the affidavit’s relatively low evidentiary standard could enable misuse, where landlords might exploit the process to remove individuals for reasons unrelated to unauthorized occupancy.

Practical Implications for Property Owners and Tenants

For Property Owners:

HB 2378 offers a promising avenue for quickly addressing squatting issues without the prolonged timelines typical of eviction litigation. However, owners must exercise caution. The strict affidavit requirements and the significant penalties for false claims necessitate diligent documentation and a robust understanding of one’s legal rights.

For Tenants and Occupants:

While the act is designed to protect property rights, it also raises concerns about potential overreach. The streamlined process for removal may reduce procedural safeguards traditionally afforded to occupants, particularly in cases where occupancy disputes are not clear-cut. Individuals facing removal under this act could have recourse through civil litigation, but proving wrongful removal may pose significant challenges.

Conclusion

Kansas House Bill 2378 represents a significant development in property law, proposing a bold shift in how unauthorized occupancy is managed. While the bill aims to bolster property rights and streamline removal procedures, its potential impact on tenant protections and the risk of abuse have sparked considerable debate.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice on how to handle a squatter today. For advice tailored to your specific situation, please contact Anderson & Associates’ eviction department at evict@mokslaw.com or call 816-931-2207.