Removing squatters from your property can be a cumbersome process especially considering that they are protected by the law and they also have rights. Below we discuss creative ways that you can use to get rid of squatters without getting into trouble.
Contents
What Is A Squatter?
A squatter is a person that occupies a property without permission or paying rent. A squatter is different from a trespasser in that, a trespasser is someone that enters a property for a short period of time with hopes of stealing or vandalizing something whereas a squatter is someone that moves into your property with hopes of permanently owning it in the future.
Rights Of Squatters
As previously noted at the beginning of the article, squatters have rights under the legal theory of adverse possession. The legal theory of adverse possession states that a person may acquire legal ownership of a property if they continuously occupy the property for a long time without permission from the owner. However, for a squatter to gain access to the property they should be physically occupying the premises and they should be open and notorious so that anyone in the neighborhood can see that someone is occupying the house. The squatter should also remain exclusive and uninterrupted for a continuous period of time so that they can legally gain access to the house. Therefore, if you notice that your property has a squatter you are not allowed to throw them out as they can actually sue you for it. Below are a few creative ways you can use to get rid of them without facing any lawsuits.
Creative Ways To Get Rid Of Squatters
Notify The Police
The best option is to always notify the police when your house has squatters. This will help you in the event that you go to court in the future. File an official complaint to your nearest police station and get a police report. You can then use the report as evidence that you used good faith effort to remove the squatter from your property.
Serve Formal Eviction Notice
Once you have filed a formal complaint to the police and the squatter refuses to evacuate the premise, it’s important that you hire a real estate eviction attorney. The attorney will use the process server to provide formal notice eviction to the squatter. You should avoid drafting and serving the squatter with the eviction notice by yourself, especially if you do not have experience in that area as this could end badly for you.
File A Lawsuit
If the squatter refuses to vacate the premises after being served with a formal eviction notice the next thing you can do is to file a lawsuit against the squatter. Use a real estate attorney that specializes in residential evictions. If the lawsuit is successful law enforcements such as the local sheriff will be needed in order to legally remove the squatter from your property.
Remove Squatters Possessions
In many states, the landlord is required to write a formal notice to the squatter before removing their possessions. However, since most squatters tend to flee the premises once they notice that they have lost the battle, the landlord is required to publish or post the notice on the premises.
What Not To Do To Squatters
Since squatters have rights and are protected by the law, there are certain things you should never do as they can lend you in trouble. Below we highlight some of the most common ones.
- Changing locks and putting padlocks whilst the squatter is still there.
- Intimidating or threatening the squatter.
- Shutting off all utilities in a bid to make the house uninhabitable.
- Evicting the squatters on your own.
How To Prevent Squatters
Having squatters on your property can be highly frustrating so in order to prevent this from happening to you, follow these easy methods.
Put Up A Sign
One of the best ways to prevent squatters on your premises is to put up a “No Trespassing” sign on your gate or door. This will help to prevent squatters or intruders from entering inside.
Always Keep Doors And Windows Closed
Squatters can make themselves at home by entering through doors or windows. Therefore always make sure you keep your doors and windows closed especially if you are going out for a long vacation.
Fill Rental Vacancies Quickly
If you have a property that you plan on renting out, it’s important that you find a tenant as soon as possible. This is because if you don’t, squatters can easily occupy it without your knowledge. You can use rental listing websites to find tenants quickly and easily.
Screen Potential Tenants
It’s important to always screen potential tenants especially if you want to avoid having squatters on your house. Therefore, always order background checks and criminal reports on potential tenants. You should also verify their rental history.
Regularly Check Property For Squatters
If you have a premise that you usually rent out, it’s important that you regularly check it in order to prevent squatters. If you have trusted neighbors, you can always ask them to keep an eye out for you just in case an unknown person comes.
Can Police Remove Squatters?
Police cannot legally remove squatters unless if you have filed a lawsuit and it was deemed successful. If you have a squatter in your house you can always pass a formal complaint to the police which you can then use as evidence in the court.
Do Squatters Still Have Rights?
Yes, squatters still have rights. You are not allowed to evict a squatter without formal notice and you are also not allowed to intimidate or threaten a squatter. You are also not allowed to shut down utilities for a squatter.
Conclusion
There are so many creative ways you can use to get rid of squatters and they all abide to the law. It is worth remembering that squatters have rights and while the property might belong to you, you can still get sued if you evict them unlawfully.