Modern landlords and small homeowners face a threat that has risen to new heights: squatters. A squatter is someone who occupies an empty or abandoned property without the owner’s permission. While many squatters enter empty homes without permission, the legal definition of “squatter” also encompasses previous tenants who remain after their lease expires or otherwise illegally inhabit a property.
Finding a squatter on your property can overwhelm small homeowners and landlords. You may not be sure if you can legally evict them from your property or what steps to take. That’s where we come in. In this article, we’ll guide you through every step of reclaiming your property quickly and lawfully.
Understanding Squatters’ Rights
You may want to go full-steam ahead in evicting your squatter, but they do have some rights you must recognize to avoid issuing an unlawful eviction. If the person squatting in your home has been living there for an extended period of time, they may be entitled to adverse possession, where they gain a legal right to remain in your home. The time varies by state, ranging between seven and twenty years without the owner attempting to remove them from the property.
It’s essential to distinguish between trespassers and squatters. Trespassers typically occupy a property without any intention of staying long-term. On the other hand, squatters deliberately enter and stay on a property with the intention of claiming squatters’ rights. They know they are living there illegally but hope to eventually gain legal ownership through prolonged and continuous occupation. A long-term squatter of this type may be a family member, a former tenant, or someone close to the homeowner.
Legal Variations in Evicting Squatters
Every state has a different amount of time that a person must squat in a property to have a legal claim to them. Here’s a breakdown:
- Seven years or less: Arkansas, California, Florida, Montana, Tennessee, Utah
- Ten years: Alabama, Alaska, Arizona, Indiana, Iowa, Mississippi, Missouri, Nebraska, New Mexico, New York, Oregan, Rhode Island, South Carolina, Texas, Washington, West Virginia, Wyoming
- Fifteen to twenty years: Colorado, Connecticut, Kansas, Kentucky, Michigan, Minnesota, Nevada, Oklahoma, Vermont, Virginia
- Twenty years or more: Delaware, Georgia, Hawaii, Idaho, Illinois, Louisiana, Maine, Maryland, Massachusetts, New Jersey, North Carolina, North Dakota, Ohio, Pennsylvania, South Dakota, Wisconsin
Some states have clearly defined laws and processes around the eviction of squatters, but others don’t. It may be wise to consult a legal professional to see what your state’s specific laws require. Missing a detail or delivering a notice at the wrong time could set you up for legal liability.
How To Evict Squatters
While the details of evicting squatters can vary from state to state, the general process is the same nationwide. Here’s our advice on how to legally evict squatters from your property.
Seek Amicable Solutions
Sometimes, things don’t need to be resolved in court. Your first step should be to contact the squatter to understand their situation better and inform them that they live on private property (if they are not already aware). A respectful conversation might lead to a peaceful resolution without legal proceedings.
When attempting this step, it’s advisable to call an impartial witness, such as a law enforcement officer, to be present during the confrontation. This ensures your safety and provides a reliable account of the interaction. Remember, you cannot forcibly remove the squatter yourself; doing so could lead to legal repercussions. Always proceed with caution and seek legal assistance if needed.
Find and Prepare an Eviction Notice
If amicable solutions do not work, find a legal professional to help you draft and deliver a formal eviction notice. Eviction notices must give the tenant reasonable time to vacate the property, though the exact amount can vary by state. Always consult a housing lawyer when drafting and sending eviction notices to ensure you comply with all state requirements.
Serve the Eviction Notice
When serving the eviction notice, it’s best to involve a law enforcement officer or an attorney to deliver the notice. This ensures that the process is handled legally and provides a formal record of the eviction notice being served. Proper service of the notice is essential to move forward with any legal actions if the squatter refuses to vacate the property.
Proceed to Small Claims Court
Many squatters may vacate the property after receiving an eviction notice, but some might claim tenant rights and decide to sue you as the landlord. They may try even if they haven’t occupied the property long enough to gain adverse possession.
If this occurs, or the squatter simply refuses to leave despite the eviction notice, your next step is to take the matter to small claims court. Small claims court provides a venue where both parties can present their cases without requiring extensive legal representation.
The judge will examine the evidence and circumstances surrounding the squatter’s occupancy in small claims court. If the court rules in your favor, the squatter will be legally required to vacate the property and may be ordered to pay a fine or cover any damages incurred during their stay. While many represent themselves in small claims court, you can hire a small claims court representative to better state your case.
How To Prevent Squatting in Your Property
Preventing squatting on your property is crucial, especially if you’re not always present. One effective method is to build a good relationship with your neighbors. Neighbors can monitor your property and alert you if suspicious activity occurs. Their vigilance can serve as an early warning system, allowing you to address potential squatters before they establish themselves on your property.
Additionally, security cameras around your property can deter squatters. Visible cameras can discourage illegal occupancy, as squatters are less likely to target a property where they might be recorded. Modern security systems can also send real-time alerts to your phone, providing immediate notification of any unauthorized entry.
If you plan to rent out your property but can’t manage it yourself, consider hiring a property manager. A property manager can regularly check on the property, ensure it’s properly maintained, and handle any tenant issues. Their presence and management can significantly reduce the risk of squatters taking over your property.
If you’re concerned about squatters on your property and need legal advice, Cape Justice is here to help. Our experienced team can provide the guidance and recommendations you need to protect your property rights and navigate the eviction process. Contact Cape Justice today to discuss your situation and find out how we can assist you.
FAQs About Evicting Squatters
How Long Does the Eviction Process Take?
The eviction process can vary widely depending on the state and the specific circumstances. It can take anywhere from a few weeks to several months. The local court system’s efficiency and the squatter’s response to the eviction may influence the timeline.
Can I Remove Squatters Myself Without Legal Action?
No, you cannot legally remove squatters without using proper legal channels. Attempting to remove squatters without an eviction notice and court order forcibly can result in legal repercussions against you, including possible criminal charges.
What Should I Do If a Squatter Damages My Property?
If a squatter damages your property, document the damage with photos and detailed notes. Contact local law enforcement to file a report. You may also need to file a civil lawsuit to seek compensation for the damages caused by the squatter.
Can Squatters Gain Legal Ownership of My Property?
Yes, in some cases, squatters can gain legal ownership through adverse possession. Adverse possession laws vary by state, but generally, a squatter must occupy the property openly, continuously, and without permission for a certain number of years to claim ownership.
How Do I Handle Squatters If I Live in a Different State From My Property?
If you live in a different state from your property, hire a local property manager or attorney to handle the situation. They can serve legal notices correctly and represent your interests in court if necessary.
What Are the Potential Legal Consequences of Improperly Evicting a Squatter?
Improperly evicting a squatter can lead to legal consequences, including lawsuits from the squatter for illegal eviction, potential fines, and even criminal charges. Always follow the legal eviction process to avoid these issues.
What Steps Should I Take If I Suspect Someone Is Squatting in My Property?
If you suspect someone is squatting on your property, verify that the squatter is occupying your property without permission. Document any evidence of squatting, such as photographs or witness statements. Contact local law enforcement to report the squatter and begin the legal eviction by serving an appropriate notice.
Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state. This page includes links to third party websites. The inclusion of third party websites is not an endorsement of their services.