CONCORD, N.H. (TND) — A New Hampshire bill seeks to revoke existing language granting squatters’ rights to certain properties in the state.
The issue of squatting, or living in a building you do not own, drew national attention in 2023 when a New York woman was arrested for reporting squatters in her home. It has since been a top issue for lawmakers across the U.S., such as in Florida. There, Gov. Ron DeSantis in March signed legislation allowing police to remove squatters from a property at the request of the homeowner.
The New Hampshire measure, HB1400, would amend existing state law to define three types of legal residents, including tenant, subtenant and implied tenant. Each of these individuals must have an existing agreement with the owner of the building in order to be considered legal residents.
Anyone found living in a residence without such an agreement would be in violation of the law and receive a misdemeanor, which carries a fine of $1,000 and six months in jail,according to InDepthNH. Those individuals could also no longer use squatters’ rights as a valid defense in a court case or when dealing with police and would be liable for all damages to a property.
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Landlords would also be allowed to “seek relief” from a violator under the legislation.
"It was really important that if someone is truly criminally trespassing, if someone goes on vacation and somebody breaks into their house, they come home from vacation and there is someone squatting in their home, that person is criminally trespassing and they should be removed by law enforcement immediately," state Rep. Rebecca McWilliams, D-Concord,told Newsweek. “Which is when someone has been a tenant, they have an oral or a text message chain that could be construed as [an agreement.] That eviction process should be through the courts and that should be a 48-hour emergency hearing.”
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