The issue of squatters’ rights has generated national attention after many high-profile squatting cases made headlines — incidents where property owners found themselves in legal disputes over individuals residing in their properties without their permission.
In April, President Joe Biden’s administration urged local governments to take action to address the ongoing issue of squatters, while Florida Gov. Ron DeSantis signed new legislation making it a second-degree felony for anyone who unlawfully occupies or trespasses in a residential dwelling and intentionally causes $1,000 or more in damage.
Here’s a look at what squatting is and how the eviction process works:
SQUATTING 101
Any individual who lives in a building or on a property they select without paying rent and without lawful documentation stating they own the property, are a law-abiding tenant or that they have permission to use or access the area is considered a squatter.
Squatting vs. trespassing: A squatter should not be confused with a trespasser. A trespasser breaks into the property through an illegal entry, has no utilities, furniture or any form of a prior lease and can be removed for violation of local loitering or trespassing laws. However, depending on their state’s laws, a squatter may have grounds for remaining on the property or rightfully claim it if they’re able to provide evidence of tenant rights or gain an adverse possession claim.
HOW SQUATTERS CLAIM VACANT PROPERTY
Adverse possession, or “squatters’ rights,” refers to laws that allow a squatter to use or inhabit another person’s property in the event that the lawful owner does not evict or take action against the squatter.
Many states and local jurisdictions will grant legal property rights to the squatter if that person can demonstrate hostile, adverse, open and notorious and/or exclusive continuous occupation of the property over a specified period of time, which varies from state to state. In such cases, the rightful property owner will need to proceed with thet legal eviction process to remove the squatter. In California, the squatter must demonstrate the following:
Hostile occupation: The possession or occupation of the property must be considered “hostile,” or an invasion of the owner’s rights. If the owner has consented, the occupation is not regarded as hostile. A tenant paying rent cannot claim adverse possession.
Open and notorious occupation: The person is not discrete about their occupation of the rental property and may introduce themselves or befriend the neighbors.
Actual occupation: The person is physically occupying the property as if it were their own. Someone who simply leaves their belongings or possessions on the property, but does not physically occupy it, most likely cannot establish actual possession.
Exclusive and continuous occupation: The person occupies the property alone continuously for an extended period while paying utilities and receiving mail to the occupied address. Continuous occupation can vary from five years to twenty years depending on the state.
Payment of property taxes: The squatter must pay all property taxes assessed on the land for the entire five-year period.
HOW TO EVICT A SQUATTER
Squatters have access to the same information that property owners have. It’s critical to educate yourself with all current laws, regulations, facts and steps it takes to evict squatters. Defending your property against squatters depends heavily on your understanding of the law and your ability to respond promptly. It can take anywhere from 90 days to over a year to evict a squatter, depending on how busy the courts are and the complexity of your case.
1. Do not use force or intimidation: You cannot legally try to intimidate or forcibly remove the squatter from your property. If you must engage with the individual who is illegally inhabiting your property, you should have a police officer present. The state of California prohibits landlords from changing locks or cutting off power to evict tenants.
2. Call the police: The more quickly you contact your local law enforcement, the better. They will be able to file an official police report, which you can use in the future if you end up having to pursue an eviction via the court system. The more evidence and documentation you have to demonstrate your efforts to remove the individual from your premises, the stronger your case will be.
3. Provide a formal eviction notices: After you’ve notified the authorities of the squatter on your property, file an Unlawful Detainer action. The process of filing can vary from state to state. Speak with a lawyer or your local court office to ensure you understand all of the required steps.
4. Take legal action: If the squatter refuses to leave after being ordered to do so, you can take further action by filing a lawsuit and serving the squatter with a summons. Then a hearing date will be set, and both parties will be required to attend. If the courts rule in your favor, the judge will order the police to escort the squatter from the premises. At this point, you will be allowed to change the locks on your property.
5. Return all possessions left behind: You can’t always just discard any possessions a squatter leaves behind. Some states require landlords to provide written notice to the squatter stating a deadline by which they must collect their belongings. Because squatters are often difficult to contact, you can protect yourself by having this letter prepared and bringing it to your court hearing. In this same notice, you can disclose what you intend to do should the belongings not be collected by the specified date.
6. Eviction service: To avoid the hassles, you can hire an eviction service that specializes in evicting unlawful tenants or squatters. They know all the laws and have attorneys that they work with. Initial fees can start at $800 for an eviction. Other fees for court filing, serving notices and attorney services will apply. The cost for an eviction can average $2,000.
Sources: Newsweek, Statista, stessa.com, innago.com, ejplawoffice.com, American Apartment Owners Association
