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Squatter Problems? A Landlord’s Guide to Legal Removal

Man walking through a home trashed by squatters.Vacant rental homes can promptly become a source of huge disappointment and distress. When a tenant moves out and no new occupant is found swiftly, these empty properties can attract unwanted attention. The empty spaces may suggest an inviting opportunity for trespassers and squatters going in search of shelter. Without great oversight, what was once a vibrant home can rapidly spiral into a forgotten shell, calling for trouble and anxiety for landlords.

What is squatting?

Squatting concerns the unlawful occupation of an uninhabited building or unused land. In clear terms, for homeowners, a squatter is someone who occupies your property without your permission. This situation can further encompass former tenants who are still living on the property without paying rent after their lease has expired or been terminated.

Unlawful occupants can negatively impact your rental property and make it stressful and, indeed, difficult to lease to new tenants. To conventionally and effectively prevent squatters, it is relevant to secure your property. If you do not live near your rental home, try hiring a property management company to monitor the property regularly and handle tenant turnover.

What to do at the first sign of a squatter?

If you notice a squatter on your property, you should immediately contact the police. The longer you tolerate a squatter to stay, the harder it will be to evict them later. Courts may interpret your failure to act as a sign of consent, making the eviction process more grueling.

Another potential issue comes about if a squatter manages to turn on utilities at the property in their name. In a lot of areas, doing so can establish legal residency, whereas the squatter occupies your property without your permission. If this truly occurs, the police may classify the situation as civil rather than criminal.

If the police cannot assist you, the next stage is to serve the unlawful occupant with an eviction notice. Just simply providing this notice can commonly encourage the squatter to move out voluntarily. Nevertheless, if they refuse to leave, you may need to file an unlawful detainer lawsuit, which will eventually start formal eviction proceedings.

The duration of this process can vary depending on the performance and efficiency of the court system in your state, taking anywhere from two weeks to several months. When you do win a judgment in your favor from the court, you can enlist the local sheriff or police to remove the squatter on your behalf.

What to do with a squatter’s leftover property?

As soon as you have successfully evicted your squatters, you’ll have to handle any personal property they may have left behind. Whether they left purposely or were quickly and forcefully removed, it’s often typical for them to abandon some belongings.

The following steps hang on the laws in your area. In most states, you may dispose of these items without consequence. But, at any rate, in other places, you’ll, quite possibly, be required to store their belongings in a storage unit at your own expense. If the squatters do not claim their property and pay you for the storage fees, you may have the right to auction off the items or dispose of them under local regulations.

Handling squatters can be lengthy and resource-intensive. To stave this off, proactive management is the critical key. At Real Property Management Deluxe, we competently manage tenant move-outs and fill vacancies quickly. An occupied rental property is both lucrative and free from squatters. For more pertinent details concerning our property management services in Merrifield, please contact us online or call 218-454-7368.

Originally Published on November 16, 2018

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