Squatters, or unpermitted occupants of a rental property, pose a frustrating and legally complex situation for the landlord in charge. As a rental property owner, you hope this situation never comes to pass. Still, it is crucial to understand how to evict a squatter properly to protect your property and avoid costly, stressful legal consequences.
In this article, we will walk you through how to evict a squatter, the key differences between squatters, tenants, and trespassers, as well as the nuances of the eviction process based on your state’s laws and regulations.
What Is a Squatter, Legal Tenant, or Trespasser?
A squatter is someone who occupies a property without legal permission, usually without any formal lease agreement. They will take up residence in a vacant home, apartment, or commercial property and refuse to leave, sometimes claiming ownership or right to inhabit the property through adverse possession or other legal claims.
A tenant, on the other hand, has a signed rental agreement and is bound by its terms, including the requirement to pay rent to occupy the property. A trespasser is someone who enters the property without permission but doesn’t establish a residence or claim possession.
When it comes to the question of how to evict a squatter, it’s essential to ensure you are not actually dealing with a tenant. These two groups don’t have the same legal rights; therefore, the process differs in several key ways.
Why Eviction Is Necessary
Evicting a squatter may seem like an extreme measure, but it is often necessary to protect both your property and your financial well-being. A squatter’s presence can lead to property damage, legal risks, and liability issues, particularly if the squatter attempts to claim adverse possession rights or refuses to leave. Squatters may also cause problems with neighbors, utilities, or local authorities, adding to your potential legal exposure.
By following the correct eviction process, you ensure that you're complying with the law, protecting your property, and minimizing your risk as a property owner.
Understand Local and Federal Laws
When dealing with squatters, understanding squatters’ rights is essential. In some cases, squatters can eventually claim ownership of a property through adverse possession if they occupy it for a long enough period under specific conditions. These conditions vary by state and include factors such as continuous and exclusive possession, open use, and the absence of the owner’s objection.
It's critical to research the local statutes and timelines that apply in your area. Each state has its own rules regarding the length of time a squatter can occupy a property before they gain certain rights, and the legal process for evicting them can differ. We often recommend that landlords in this situation consult a legal expert to ensure they are following the correct procedures based on the laws in their area.
Confirm Squatter Status
Before taking action, you need to confirm that the individual in question is, in fact, a squatter and not someone with a legitimate claim to the property.
Do your best to gather witness statements, photos, or even security footage to document the squatter’s presence and occupancy, along with dates for everything. Check for any informal or verbal agreements that may exist, as well as any records that could indicate their intent to stay, such as utility bills or communication with neighbors.
Documenting the squatter’s presence and the timeline of their occupancy is crucial to proving your case in court.
Know the Formal Eviction Process
While eviction laws vary by state and municipality, the basics of the process remain the same. The steps to evict a squatter are typically as follows:
Step 1: Serve Proper Notice
Your first step is to serve the squatter with a proper notice. This can be a “Notice to Quit” or an eviction notice, and it outlines the individual’s requirement to leave the premises. There are two main types of notices: unconditional and conditional. An unconditional notice demands immediate departure, while a conditional notice gives the squatter an opportunity to remedy the situation (for example, paying rent or providing proof of tenancy).
Different states have varying timeframes for how long the individual has to leave your property after receiving the notice. It's essential to check the specific timeline in your area.
Step 2: File Eviction Lawsuit
If the squatter does not leave after the notice is served and the required time has elapsed, the next step is to file an eviction lawsuit (known as an unlawful detainer action in many states). You will need to submit the required documentation, pay any filing fees, and follow court procedures. During this stage, you will likely need to provide the documentation we mentioned above as evidence that the individual is a squatter and has no legal claim to the property.
Step 3: Attend Court Hearing
If the squatter continues to refuse eviction, a court hearing will be scheduled. You will need to bring any evidence you have gathered, such as witness statements, photographs, and any correspondence, to present your case. The court will determine if the squatter must leave based on the evidence presented.
Step 4: Obtain Judgment and Writ of Possession
If the court rules in your favor, you will receive a judgment and a writ of possession, which is an essential document that informs the squatter they must leave the property by a specific time or face forcible removal by law enforcement. This document is required to take the final step in the eviction process - enforcement.
Enforcing Eviction
Once the court has issued a writ of possession, you will need to coordinate with local law enforcement to carry out the eviction. Law enforcement officers will oversee the lockout and ensure that the squatter vacates the premises. It’s important to follow legal guidelines during this stage to avoid potential claims of unlawful eviction.
After the squatter is removed, you should change the locks immediately to secure the property and prevent re-entry. Depending on state laws, you may also need to handle the removal of the squatter’s belongings. Some jurisdictions require a certain amount of time for the squatter to claim their items, so it’s important to comply with these rules to avoid any legal complications.
Prevent Re-Occupancy
To prevent the squatter from re-entering your property, you should take physical and legal measures. Securing windows and doors, boarding up vacant properties, and installing security cameras can act as physical deterrents. You should also consider posting “No Trespassing” signs and filing trespasser notices to help legally deter anyone from trying to occupy your property again.
Regular monitoring of vacant properties is key. Make sure to conduct frequent checks, especially if the property has been vacant for a while. This is a service that some professional property management companies offer if you don’t have the time to check up on your vacant property personally or live out of state.
Dealing with Common Challenges
As mentioned so far, there are several ways that squatters may attempt to claim possession of your property to stick around. They may claim tenancy rights or argue adverse possession, which can complicate the eviction process and may require additional legal intervention to resolve.
You may also face challenges such as illegal re-entry after eviction, which could happen if a squatter gains access to the property after being removed. If minors or vulnerable persons are involved, this could further complicate the situation, as specific rules might then apply to the eviction process.
It is also tricky to navigate how to handle personal belongings left behind by the squatter. Many states have specific requirements regarding the disposal or storage of these items, so it's crucial to follow the legal process in your area to avoid liability.
Costs and Timeline
Evicting a squatter is not just emotionally draining; it can also put a dent in your bank account. Typical expenses may include notice fees, court filing fees, legal fees, and the costs associated with law enforcement during the lockout. You may also incur storage or disposal fees for the belongings left behind.
The timeline for eviction can also add up. On average, the process can take anywhere from one to three months, depending on local laws, the complexity of the case, and the cooperation of the individuals involved. To reduce both the timeline and your incurred costs, it’s essential to follow the legal process carefully and avoid delays wherever possible.
When to Hire Professionals
While some property owners may have the capacity to understand how to evict a squatter, that is not possible for all busy landlords. Property management companies like Evernest can help streamline the eviction process by ensuring compliance with local laws and handling the logistics, even in the worst situations.
When squatters present complex legal defenses or if the eviction process becomes prolonged, involving an eviction attorney may be necessary. Attorneys specializing in landlord-tenant law can provide valuable guidance and support in challenging cases.
Wrapping Up: How to Evict a Squatter
While it can be challenging, understanding how to evict a squatter properly can help protect your property and minimize risks. By following the correct legal procedures, confirming the squatter’s status, and adhering to the formal eviction process, you increase your chances of a successful outcome. Always consult with legal experts or property management professionals to ensure you’re complying with state-specific laws and timelines when learning how to evict a squatter.
If you're currently dealing with a squatter or need help navigating the eviction process, don’t hesitate to reach out to Evernest. We’re here to assist you every step of the way, ensuring that you and your property are secure and protected.
