HB474 Alabama 2025 Session

Summary

Primary Sponsor

Craig LipscombRepresentative

Republican

Session

2025 Regular Session

Title

Property; provide additional procedures; clarify jurisdiction under which local law enforcement may remove unauthorized individuals from an owner's premises

Summary

HB474 creates a formal sworn-affidavit process for owners or their agents to have unauthorized occupants removed by local police, and clarifies which law enforcement handles enforcement and related procedures.

What This Bill Does

It allows an owner or the owner's authorized agent to file a sworn affidavit with a county law enforcement agency to request removal of an unauthorized person from a dwelling, with defined required facts and notice. It designates municipal police as having sole jurisdiction inside city limits unless an agreement with the county is in place, and sets a timeline for verification, notice, and removal (a 24-hour waiting period and removal within three business days). It authorizes officers to arrest occupants for trespass or related crimes and allows a processing fee up to $50 to support the procedure, while clarifying that this process is not an eviction under other chapters and that tenants are generally excluded. It takes effect October 1, 2025.

Who It Affects

• Property owners or their authorized agents (via power of attorney) who may file affidavits to remove unauthorized occupants.
• Unauthorized occupants or 'squatters' on the premises who may be removed and could face arrest for trespass, burglary, theft, or other crimes.
• Local and municipal law enforcement agencies responsible for processing affidavits, serving notices, and carrying out removals (with funding via a $50 processing fee).
• Municipalities and counties (jurisdictions) that determine which agency enforces the process within city limits or cooperate with county agencies.
• Tenants and holdover tenants, who are not targeted by this process and remain subject to other eviction procedures.

Key Provisions

• Defines key terms (dwelling, premises, building, agent, power of attorney) to standardize who can file and who may be removed.
• Creates a sworn affidavit process: owner or authorized agent may request removal of an unauthorized occupant by filing with the local law enforcement agency in the county where the premises is located, including specific required elements such as ownership, unauthorized entry/remain, non-tenant status, and lack of pending litigation.
• Requires notice to the unauthorized occupant and a form for the affidavit, including proof of ownership and documentation of authority to act, with notice delivered at the premises and copies attached.
• Establishes jurisdiction rules: municipal police have sole jurisdiction to enforce this section within their corporate limits unless there is an agreement with the county to allow other arrangements.
• Sets enforcement timelines: law enforcement must verify the affiant, wait at least 24 hours, then serve notice to vacate and remove within three business days; notice may be delivered by hand or posted at the premises.
• Allows arrest of the unauthorized occupant for trespass, burglary, theft, or other crimes, or for an outstanding warrant; may charge a processing fee up to $50 for handling the affidavit.
• Requires fees to go to appropriate law enforcement funds and prohibits refusing to accept affidavits; agencies must adopt processing procedures or follow a state-designated process.
• Defines 'squatter' or 'unauthorized individual' and clarifies that removal under this act is not an eviction under Chapters 9 or 9A; excludes tenants with periodic tenancy from this removal framework.
• Effective date: October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property & Estates