Removing Squatters

Learn how to safely and legally remove squatters (and to prevent them from happening in the first instance), and what actions you can take to avoid them and what rights they may have.

It can be difficult and frustrating to remove squatters. You will need to check your local laws before you take action. The laws regarding squatters differ from one state to the next. Let's first look at who a squatter really is and what rights they might have.

What Does It Mean To Be A Squatter?

Squatters are people who illegally occupy uninhabited properties. One possible definition of a squatter is:

• An individual enters your home and begins living there.

• A tenant who ceases to pay rent or their lease ends but continues to live on the property.

• A roommate or subletter to a property who does not leave after their lease ends.

• Victim of a scam rental ad, who signs a lease and then pays rent to a scammer pretending to be the landlord.

What Makes Squatters And Trespassers Different?

Trespassers are those who illegally enter a property. A trespasser can openly live on a property without permission and become a squatter. Both trespassing and squatting are illegal. In most cases, trespassing can be a criminal offense, while squatting can be considered a civil matter. Trespassing usually results in an arrest, while squatting can lead to an eviction.

Are you wondering how to get rid of squatters out of your home? They are not tenants, but they have rights.

What Rights Do Squatters Have?

Squatters have legal rights to live in a property without permission of the owner, provided they have not been served with an eviction notice. The rights of a squatter vary from one state to the next. However, in most areas, they can legally take possession of the property after a period of time to prove that they have adverse possession. This means they have been living in the property illegally for a long enough time and are open about it.

How To Expel A Squatter

Squatters can be evicted, but you must comply with local laws. You may find yourself in a position where you cannot evict squatters. To learn more about their rights and the rules that you must follow, consult a local lawyer.

These are the steps to take if you find squatters living on your property:

• Call The Police Immediately:

  You can avoid further action by calling the local police. They can determine if the person is a criminal or trespasser and remove them or notify you that a civil lawsuit is required.

• Send An Eviction Notice:

  The legally binding way to notify squatters that they must vacate their property is to serve them an eviction notice. Some squatters might even move right after being served with the notice.

• For Illegal Use Of Your Property By Squatters, File A Civil Suit:

  You will need to attend an eviction hearing.

• Local Authorities Should Remove The Squatters:

  After you have won your case, the law enforcement officers may be able to remove the squatters. Although you may be charged a small amount, it is a safe option to remove squatters from private properties.

• Any Belongings Left Behind By Squatters Should Be Dealt With Legally:

  There may be some after a successful expulsion of squatters. Personal items left behind. Before removing their belongings, consult a lawyer. If they have made a mess, you may need to hire a professional cleaning service.

Avoid these actions when you are trying to get rid of squatters

You must comply with all local and state laws once you discover a squatter living on your property. It is risky to remove squatters with force and could lead to criminal charges. You should also avoid:

• Locking them out by changing or installing additional locks.

• Turning off all utilities.

• To intimidate the squatter verbally and physically -- this could be as simple as moving or picking up their belongings.

• The courts may consider any of these acts to be taking matters into your hands and avoiding the legal procedure. This could lead to a fine or worse and make it more difficult for the court to remove the squatter.

How To Stop Squatters

You, as a landlord, should take proactive measures to stop squatters from entering your property. This is especially true if the property is vacant. There are many ways to prevent squatters from your property:

• All doors and gates should be marked with "No Trespassing."

• You should inspect your property for signs of trespassers and squatters.

• Have a friend, neighbor, or property manager check the property regularly if you don't live nearby.

• Screen applicants before accepting them to verify their rental history.

• Fill vacancies quickly.

Why You Should Immediately Deal With Squatters

Uncontested squatters occupying your property may result in your property becoming theirs legally after a certain period. You won't be able to have any control over it afterward. It may be more difficult to remove squatters if they stay on your property for a longer period of time. Squatters might not just live on your property but could also be dangerous.

• It Will Be More Difficult To Claim Ownership: 

  You should wait longer to see if their rights as squatters will be recognized.

• Give Up On Your Money And Time: 

  Evictions can be expensive and take several months.

• Limit Your Rental Options: 

  You won't be able to rent your property until you have removed the squatter and cleaned up the property.

• Cause Damage: 

  Structures and landscaping can be damaged by squatters, especially if they are unwilling to move.

What Is The Time It Takes To Expel Squatters?

Squatter removal can take from days to months, and sometimes even years, depending on the circumstances. The legal eviction process usually takes between 4-5 weeks and depends on the circumstances.