Bill Text: WV HB4940 | 2024 | Regular Session | Enrolled
Bill Title: A squatter cannot be considered a tenant in WV.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2024-04-22 - Chapter 251, Acts, Regular Session, 2024 [HB4940 Detail]
Download: West_Virginia-2024-HB4940-Enrolled.html
WEST virginia legislature
2024 regular session
enrolled
Committee Substitute
for
House Bill 4940
By Delegates Crouse, Lucas, Winzenreid, Petitto, Smith, and Kimble
[Passed March 6, 2024; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated as §37-6-31; and to amend said Code by adding thereto a new article, designated as §55-3C-1 and §55-3C-2; all relating to squatting and the remedies therefor; defining a term; clarifying that squatting is a wrongful occupation of property; excluding squatting from the provisions of certain sections of Code; providing that petition and eviction are not appropriate remedies to remove squatters from property; defining terms; providing that squatters are not tenants; noting that squatting is the same as trespass; and providing that petition and eviction are not appropriate remedies to remove squatters from property.
Be it enacted by the Legislature of West Virginia:
CHAPTER 37. REAL PROPERTY.
ARTICLE 6. LANDLORD AND TENANT.
§37-6-31. Exclusions from application of this article.
(a) For purposes of this Article, “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(b) Occupancy by a squatter is not governed by the provisions of this article.
(c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under the provisions of this chapter, by an owner in any instance involving the removal of a squatter from possession of a property, and such removal shall not be unduly hindered.
ARTICLE 3C. REMEDIES FOR SQuaTTING.
§55-3C-1. Squatting defined; squatting synonymous with trespass.
(a) “Squatter” means a person occupying a dwelling unit or other structure who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit or structure. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(b) “Squatting” means the act of being a squatter.
§55-3C-2. Squatters not tenants; squatting constitutes criminal trespass; petition and eviction not appropriate remedies for squatters; remedy is arrest for trespass.
- Squatters are not considered tenants for purposes of this code.
(b) Squatting is synonymous with trespass, and is a criminal act under §61-3B-2 or §61-3B-3 of this Code.
(c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under §55-3A-1, et seq. or §55-3B-1, et seq. of this Code, by an owner in any instance involving the removal of a squatter from possession of a property.
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
Originated in the House of Delegates.
In effect ninety days from passage.
...............................................................
Speaker of the House of Delegates
...............................................................
President of the Senate
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
.............................................................
Governor
