Poverty advocates have recently championed squatters' rights as a "legal" way for impovershed people to obtain ownership of property. In California, for example, community organizer Steven DeCaprio successfully advocates for those experiencing homelessness under the state's adverse possession legislation.
DeCaprio started Land Action to assist squatters in legally taking possession of homes.
The principle of adverse possession allows squatters to gain legal ownership of property without paying. This becomes valid if the possession is personal, exclusive, visible, and continuous for a set time, and the genuine owner does not remove the person within a legally established time frame.
Legal rights against squatters
While the law does not differentiate between intentional and unintentional harmful possession, squatters may face civil and criminal penalties under the law.
When removal is not an option, property owners can reclaim custody of their property with a few important steps.
If you delay, your property may legally belong to the squatter eventually. Here is more about how to get rid of squatters.
How to Evict Squatters
A squatter is an unauthorized occupant of a property who has invaded the premises without permission. Even those unfortunate people who have been misled by a scam artist and signed a forged lease agreement are subject to eviction.
The American Apartment Owners Association (AAOA) advises on how to evict an unauthorized tenant, and these are the legal options you have to go through the squatter eviction process:
Notify the authorities
When you discover a squatter on your property, call the cops right away. If you have to evict a squatter, the official police report will show the court that you tried in good faith to convince the person to leave within the law.
Issue a written eviction
An eviction notice ("unlawful detainer" action) is the initial step in the eviction process in some states. Although you might try to serve the notice yourself, engage a real estate eviction attorney who will use a process server to issue a legal eviction notice.
File an eviction case
You can file an eviction case if the unlawful occupant refuses to leave after receiving a formal eviction notice.
Many cities offer real estate attorneys who specialize in home evictions for a set charge that does not include court costs like filing fees.
Following the eviction procedure and the court's decision, law enforcement, such as the local sheriff, is the way to remove settlers from your property officially.
Remove the squatter's property
Before removing any belongings left behind by the squatter, most jurisdictions require the landlord to give written notice. If the illegal resident has left your property and is difficult to locate, the court may allow you to post the notice on the premises.
Squatters' Rights in Each State
Because landlord-tenant and similar legislation are decided at the state rather than the federal level, eviction procedures may differ. The process of dealing with squatters can vary from state to state. Each state has enacted legislation to safeguard property owners from adverse possession.
The AAOA has an excellent guide to squatter rights by state. In 33 states, a squatter can gain legal ownership of real property by living on the property and treating it as their own for less than 20 years (frequently 10-15 years) while fulfilling the following conditions:
- Open and notorious possession without deception or misrepresentation to the public
- Other parties may not share the property
- Adverse or hostile claim to the genuine owner's interest
- Continuous occupation over the state's statutory time
Some states require possession for as little as seven years, while 16 others demand occupancy for over twenty years. In some areas, having a deed or paying taxes on the property might shorten the time to establish possession.
Here are some of the most recent legislative developments:
- New York: Legislation introduced to redefine squatters as trespassers, allowing expedited eviction procedures [1].
- Georgia: The Squatters Reform Act enhances property owners' rights to evict and increases penalties for squatters [2].
- Tennessee: A new law expedites the eviction process, enabling law enforcement to remove squatters within 72 hours [3].
These updates are part of ongoing efforts to address and reform squatter rights in various states, with the potential for more states to introduce new laws in the future.
What Not to Do When Evicting Squatters
Squatters have the same broad standards for evicting a nonpaying tenant. Here is what you cannot do:
- Use padlocks on the doors or change the locks.
- Render the property uninhabitable by turning off the utilities.
- Intimidate the squatter.
- Attempt to expel the squatter independently.
Additionally, avoid direct confrontations or verbal threats, as these can lead to legal repercussions, such as accusations of harassment.
In Tennessee, for example, property owners are now aided by laws that speed up the eviction process, minimizing the need for self-help measures that could escalate into legal liabilities.
How Long Does it Take to Evict Squatters?
Evicting squatters can take days, months, or even years in rare circumstances. However, the
legal eviction process typically takes 4-5 weeks, depending on where you live and other specific circumstances of your case.
Protecting Your Property from Squatters
Take the following precautions to safeguard vacant rental units:
-
Keep physical evidence of your ownership, such as signs, fences, and gates. When permitting someone to use your property, formalize the conditions with a legal agreement.
-
Recognize that casual use, such as allowing a neighbor to cross your property for convenience or a length of time, may be grounds for an adverse possession claim.
-
Inspect your property regularly to detect squatters. This is especially crucial in states where squatters' rights have historically been a significant issue.
-
Pay your property taxes on time and check local records. Demonstrating active and ongoing ownership can be critical in legal disputes over property rights.
By understanding local laws and maintaining clear evidence of ownership, as a property owner, you can effectively manage and protect your property from unauthorized use.
You Can Reclaim Your Property from Squatters
The concept of someone illegally accessing your property and gaining possession of it may seem unimaginable, but property owners should know it can happen.
Squatters frequently assert tenants' rights by claiming they have paid rentals, have a documented lease agreement (usually fake), or have established an oral agreement with the owner to substitute rent payments for property improvements.
Such accusations impede removal and complicate judicial proceedings. Make no assumptions about squatters or legal options. Squatters' rights can be invoked for various reasons, including estate disputes and a lingering tenant from earlier rental property agreements.
As a result, all landlords must be acquainted with squatters' rights and processes. It's equally a good idea to check with an attorney if you have any queries about these laws. You never expect to deal with a squatter, but you'll be grateful to have a professional on your side if you do.
[1] Legislation cracking down on squatters unveiled in Albany. CBS. [2] Gov. Kemp officially signs Squatter Reform Act into law. Alive. [3] Tennessee law to further protect property owners from squatters takes effect this July. Channel 9 News.
Poverty advocates have recently championed squatters' rights as a "legal" way for impovershed people to obtain ownership of property. In California, for example, community organizer Steven DeCaprio successfully advocates for those experiencing homelessness under the state's adverse possession legislation.
DeCaprio started Land Action to assist squatters in legally taking possession of homes.
The principle of adverse possession allows squatters to gain legal ownership of property without paying. This becomes valid if the possession is personal, exclusive, visible, and continuous for a set time, and the genuine owner does not remove the person within a legally established time frame.
Legal rights against squatters
While the law does not differentiate between intentional and unintentional harmful possession, squatters may face civil and criminal penalties under the law.
When removal is not an option, property owners can reclaim custody of their property with a few important steps.
If you delay, your property may legally belong to the squatter eventually. Here is more about how to get rid of squatters.
How to Evict Squatters
A squatter is an unauthorized occupant of a property who has invaded the premises without permission. Even those unfortunate people who have been misled by a scam artist and signed a forged lease agreement are subject to eviction.
The American Apartment Owners Association (AAOA) advises on how to evict an unauthorized tenant, and these are the legal options you have to go through the squatter eviction process:
Notify the authorities
When you discover a squatter on your property, call the cops right away. If you have to evict a squatter, the official police report will show the court that you tried in good faith to convince the person to leave within the law.
Issue a written eviction
An eviction notice ("unlawful detainer" action) is the initial step in the eviction process in some states. Although you might try to serve the notice yourself, engage a real estate eviction attorney who will use a process server to issue a legal eviction notice.
File an eviction case
You can file an eviction case if the unlawful occupant refuses to leave after receiving a formal eviction notice.
Many cities offer real estate attorneys who specialize in home evictions for a set charge that does not include court costs like filing fees.
Following the eviction procedure and the court's decision, law enforcement, such as the local sheriff, is the way to remove settlers from your property officially.
Remove the squatter's property
Before removing any belongings left behind by the squatter, most jurisdictions require the landlord to give written notice. If the illegal resident has left your property and is difficult to locate, the court may allow you to post the notice on the premises.
Squatters' Rights in Each State
Because landlord-tenant and similar legislation are decided at the state rather than the federal level, eviction procedures may differ. The process of dealing with squatters can vary from state to state. Each state has enacted legislation to safeguard property owners from adverse possession.
The AAOA has an excellent guide to squatter rights by state. In 33 states, a squatter can gain legal ownership of real property by living on the property and treating it as their own for less than 20 years (frequently 10-15 years) while fulfilling the following conditions:
- Open and notorious possession without deception or misrepresentation to the public
- Other parties may not share the property
- Adverse or hostile claim to the genuine owner's interest
- Continuous occupation over the state's statutory time
Some states require possession for as little as seven years, while 16 others demand occupancy for over twenty years. In some areas, having a deed or paying taxes on the property might shorten the time to establish possession.
Here are some of the most recent legislative developments:
- New York: Legislation introduced to redefine squatters as trespassers, allowing expedited eviction procedures [1].
- Georgia: The Squatters Reform Act enhances property owners' rights to evict and increases penalties for squatters [2].
- Tennessee: A new law expedites the eviction process, enabling law enforcement to remove squatters within 72 hours [3].
These updates are part of ongoing efforts to address and reform squatter rights in various states, with the potential for more states to introduce new laws in the future.
What Not to Do When Evicting Squatters
Squatters have the same broad standards for evicting a nonpaying tenant. Here is what you cannot do:
- Use padlocks on the doors or change the locks.
- Render the property uninhabitable by turning off the utilities.
- Intimidate the squatter.
- Attempt to expel the squatter independently.
Additionally, avoid direct confrontations or verbal threats, as these can lead to legal repercussions, such as accusations of harassment.
In Tennessee, for example, property owners are now aided by laws that speed up the eviction process, minimizing the need for self-help measures that could escalate into legal liabilities.
How Long Does it Take to Evict Squatters?
Evicting squatters can take days, months, or even years in rare circumstances. However, the
legal eviction process typically takes 4-5 weeks, depending on where you live and other specific circumstances of your case.
Protecting Your Property from Squatters
Take the following precautions to safeguard vacant rental units:
-
Keep physical evidence of your ownership, such as signs, fences, and gates. When permitting someone to use your property, formalize the conditions with a legal agreement.
-
Recognize that casual use, such as allowing a neighbor to cross your property for convenience or a length of time, may be grounds for an adverse possession claim.
-
Inspect your property regularly to detect squatters. This is especially crucial in states where squatters' rights have historically been a significant issue.
-
Pay your property taxes on time and check local records. Demonstrating active and ongoing ownership can be critical in legal disputes over property rights.
By understanding local laws and maintaining clear evidence of ownership, as a property owner, you can effectively manage and protect your property from unauthorized use.
You Can Reclaim Your Property from Squatters
The concept of someone illegally accessing your property and gaining possession of it may seem unimaginable, but property owners should know it can happen.
Squatters frequently assert tenants' rights by claiming they have paid rentals, have a documented lease agreement (usually fake), or have established an oral agreement with the owner to substitute rent payments for property improvements.
Such accusations impede removal and complicate judicial proceedings. Make no assumptions about squatters or legal options. Squatters' rights can be invoked for various reasons, including estate disputes and a lingering tenant from earlier rental property agreements.
As a result, all landlords must be acquainted with squatters' rights and processes. It's equally a good idea to check with an attorney if you have any queries about these laws. You never expect to deal with a squatter, but you'll be grateful to have a professional on your side if you do.
[1] Legislation cracking down on squatters unveiled in Albany. CBS. [2] Gov. Kemp officially signs Squatter Reform Act into law. Alive. [3] Tennessee law to further protect property owners from squatters takes effect this July. Channel 9 News.
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