Bill to combat squatting introduced in Michigan

Republicans in the Michigan State Senate have introduced a bill that would make it easier for property owners to get rid of illegal squatters.

State Senator Joseph Bellino (R-Monroe) introduced Senate Bill 909 earlier this month. It is supported by nine other Republicans in the Senate.

The bill would amend the Revised Judicature Act of 1961 to allow property owners to file a complaint with their county sheriff and request the removal of squatters from their property, according to a June 12, 2024 press release.

Once the complaint is filed and confirmed, the sheriff must immediately order all unlawful occupants to vacate the property. The sheriff can arrest the occupants for trespass if they refuse to leave the property.

“Michigan families heading off on summer vacation or seniors spending the winter in Florida shouldn’t have to worry about a squatter claiming their property,” Bellino said in the release. “Squatting is already illegal in Michigan, but a gray area in the law means homeowners may have to fight an expensive and lengthy legal battle just to remove trespassers from their property. This is simply wrong.”

“This legislation would speed up and simplify the process for property owners. They could have law enforcement safely address these trespassers and allow the rightful owners to return to their homes,” Bellino continued.

Squatting is a type of trespassing when someone enters another person’s property and takes up residence there without the owner’s permission. In Michigan, a first offense of squatting is a misdemeanor punishable by up to $5,000 or 180 days in jail. The second offense is a felony punishable by up to $10,000 or two years in jail.

State law allows police to evict people for trespassing on private property.

However, when trespassers begin illegally occupying private property and claiming they have a legal reason to be there, the process becomes much more difficult, the press release said.

“This is not only about protecting homeowners, but also about avoiding potentially dangerous situations with unpredictable and brazen intruders,” Bellino said in the press release. “This measure offers homeowners a quick and safe solution if they become victims of squatters.”

The bill also specifies that the sheriff is entitled to a service fee for the eviction process and may charge an additional fee for standing by during the eviction of residents. Property owners and their agents are exempt from liability for damage to personal property during eviction, except in cases of wrongful eviction. In cases of wrongful eviction, a civil action is available to recover costs, damages, and attorneys’ fees.

SB 909 has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety, where it awaits a hearing.