How to Get Rid of Squatters in 5 Foolproof Steps

Dealing with squatters can be a landlord’s worst nightmare. Whether it’s an empty property that has been taken over or a tenant refusing to leave, squatters can cause significant challenges. 

Understanding how to get rid of squatters is crucial for protecting your property and investment. Let us help you remove squatters the right way so they don’t cause any more stress in your life.

To get rid of squatters legally, first confirm whether the person is a trespasser or a squatter, then follow your state’s eviction process: serve proper notice, file an eviction case if they don’t leave, obtain a court order, and have law enforcement enforce the removal. Avoid “self-help” actions like changing locks or shutting off utilities.

• If police classify them as a squatter, it usually becomes a civil eviction process.

• The fastest legal path is: notice → court filing → order → sheriff removal.

• Don’t use self-help evictions (locks/utilities), it can backfire legally.

• Prevention (inspections, security, neighbors) is easier than eviction.

Understanding Squatters and Squatters’ Rights

Understanding squatters and their rights is the first step in effectively dealing with them. While it may seem obvious that someone unlawfully occupying your property should be easy to remove, it’s anything but.

The legal complexities surrounding squatters’ rights make this a complicated and frustrating matter. By knowing the distinctions between squatters and trespassers, as well as the potential legal implications of adverse possession, property owners can better navigate the eviction process and protect their investments.

What Is a Squatter?

A squatter is someone who inhabits a property without the owner’s permission and without a legal right to do so. Unlike trespassers, who might only be on the property temporarily, squatters intend to stay for an extended period. 

This situation can become more complicated when squatters claim legal rights to the property under adverse possession laws. This allows them to gain ownership if certain conditions are met.

Legal Implications of Squatting

Squatters may gain legal rights to a property through adverse possession. This legal doctrine allows a person to become the owner of a property as long as they occupy it openly, notoriously, and continuously without the owner’s consent for a specific period. The time period they have to own it for does vary by state.

Understanding how these laws work is essential since they can impact the way you approach the eviction process.

Common Scenarios Leading to Squatting

Squatting can happen in various situations, often catching property owners off guard. Let’s take a look at some of the common scenarios that lead to squatting.

Vacant Property

Vacant properties are prime targets for squatters. A home could be vacant for many reasons:

• Left empty due to inheritance
• There’s an out-of-state owner
• It’s a property waiting to be rented out or sold

No matter the reason for the vacant property, the lack of regular monitoring can make it easy for squatters to move in unnoticed. Squatters may even turn on utilities or forge lease agreements to legitimize their occupation.

Illegal Roommates

Squatting can also occur in rental properties when a tenant’s roommate or subtenant, who isn’t on the lease, refuses to leave after the lease expires. This situation can catch landlords by surprise, especially if they were unaware of the additional occupants in the first place.

Rental Scams

Rental scams are another common way squatters end up in properties. In these cases, scammers pretend to be a landlord. They then collect rent from unsuspecting tenants and disappear. This leaves the renter unknowingly squatting on the property. 

In this situation, it’s equally frustrating for both the landlord and the renter because they may have believed they had a legitimate lease.

How to Get Rid of Squatters Legally

The best way to get rid of squatters is by strictly following the law. We know it’s frustrating they’re wrongfully occupying your property. However, you still have to take proper precautions to remove them and keep them gone.

Step 1: Notify the Police

The first step in dealing with squatters is to contact the police. They can help determine whether the person is a trespasser or a squatter. If the squatter is deemed a trespasser, the police might be able to remove them immediately. This would be the most ideal situation, but it isn’t always the case.

If the individual is classified as a squatter, the situation becomes a civil matter. This means the police won’t be able to do anything to help (with a few exceptions), and you’ll have to proceed with the eviction process.

Step 2: Serve an Eviction Notice

If the squatter cannot be removed by the police, you’ll have to serve them with a formal eviction notice. This notice is the first legal step in the eviction process. 

The notice should include a specific time frame for the squatter to vacate the property. This typically ranges from three to thirty days, depending on state laws. 

You have to follow your state’s legal requirements to serve the notice. We can’t stress this enough. If you don’t follow the law, you’re just going to extend the amount of time it takes to get rid of them.

Step 3: File an Eviction Lawsuit

Sometimes, submitting an eviction notice isn’t enough. If the squatter doesn’t leave, it’s time to file an eviction lawsuit. This process involves submitting a complaint to the local court. You’ll be able to provide evidence that the squatter is unlawfully occupying your property. 

You’ll then have to wait for the court to schedule a hearing. This gives you and the squatter the opportunity to present your case. Ideally, the judge will rule in your favor, and an eviction notice will be issued.

Step 4: Enforce the Eviction

Once you have obtained an eviction order, it’s time to enforce it. This means you’ll be working with your local law enforcement. Typically, you’ll be working directly with the sheriff to remove the squatter from the property. 

Law enforcement will serve the squatter with the eviction order and oversee their removal. It’s essential to follow this process to avoid any legal complications.

Step 5: Handle Abandoned Property

After the squatter has been removed, you may need to deal with any personal belongings they left behind. Most states have specific laws regarding how landlords must handle abandoned property. In many cases, you’ll be responsible for storing the items for a certain period or providing notice to the squatter before disposing of them.

We know saving their stuff might be the last thing you want to do. However, failing to follow your state’s laws regarding this could leave you with more legal trouble down the road.

Alternative Strategies to Remove Squatters Faster

While the legal eviction process is often necessary, it can be time-consuming and costly. Fortunately, alternative strategies might resolve the situation more quickly and with less hassle. By negotiating directly with the squatter, you can sometimes avoid the courtroom altogether. These are some of the creative ways to regain control of your property.

Cash for Keys

One alternative to the formal eviction process is offering the squatter money to leave voluntarily. This strategy is known as “cash for keys.” 

Going through this process tends to be faster and less costly compared to going through the court system. However, do not give them anything until you have a written agreement in place. This is to protect yourself and make sure the squatter vacates the property as promised.

Mediation and Temporary Leases

In some cases, mediation might be a viable option to resolve the issue. Through mediation, a neutral third party can help negotiate a settlement between you and the squatter. 

If the squatter is willing to cooperate, offering a temporary lease might also be an option. Doing this can turn an illegal occupancy into a legal one. This gives you more control over the situation and potentially securing rental income.

Preventing Squatters from Occupying Your Property

Preventing squatters from occupying your property is far easier than dealing with evicting them. By taking proactive steps to protect your property and monitor its status, you can significantly reduce the risk of unauthorized occupants.

Regular Property Inspections

One of the best ways to prevent squatters from taking over your property is to conduct regular inspections. Frequent visits to the property allow you to catch any unauthorized occupants early. This makes it easier to address the issue before it escalates. 

By doing this, you’ll be able to call the police earlier. They could remove the person when they’re simply a trespasser rather than a full-blown squatter.

If you can’t inspect the property yourself, you’ll most likely want to hire a property management company. They’ll be able to perform these checks for you.

Securing Vacant Properties

Securing vacant properties is crucial in deterring squatters. Make sure you always keep all doors and windows locked. It’s also a good idea to set up cameras so you can easily log in and check on the property without being physically present.

Many camera systems nowadays come with alarms and motion detectors, deterring any unwanted occupants. 

Posting “No Trespassing” signs can also serve as a deterrent. In some cases, it might be worth boarding up windows and doors if the property will be vacant for an extended period.

Building a Good Relationship with Neighbors

Your neighbors can be valuable allies in preventing squatting. By building a good relationship with them, you can enlist their help in keeping an eye on your property. 

Neighbors can alert you to any suspicious activity. Getting ahead of this activity allows you to address potential squatting issues before they become a serious problem.

Legal Pitfalls to Avoid When Dealing with Squatters

Navigating the legal landscape when dealing with squatters requires careful attention to detail. It’s important to avoid common pitfalls that could complicate the eviction process or even lead to legal trouble.

The Risks of Self-Help Evictions

While it might be tempting to take matters into your own hands, we don’t recommend doing this. Attempting to forcibly remove squatters yourself can lead to serious legal repercussions. 

These actions are considered illegal when trying to remove squatters:

• Changing the locks
• Turning off utilities
• Physically removing the person
• Removing doors from the property
• Breaking windows
• Refusing to make repairs

Engaging in these activities could even result in criminal charges against you. Always follow the legal eviction process to avoid these risks.

When Should You Get An Attorney?

Dealing with squatters is a very frustrating experience. It only becomes more complicated when you’re unfamiliar with the legal procedures involved. 

Not every landlord knows how to get rid of squatters, and that’s okay. That’s why obtaining a real estate attorney could be the right course of action for you.

Complicated Eviction Process

If the squatter refuses to leave after being served an eviction notice, the process can become legally intricate. An experienced attorney will help you navigate the complex process. They’re your ally in making sure everything is done legally. They’ll even represent you in court if it goes that far.

Adverse Possession Claims

When a squatter attempts to claim your property through adverse possession, a real estate attorney can be critical. They’ll help you understand your rights, challenge the claim, and take the necessary steps to protect your ownership.

State-Specific Squatting Laws

Laws governing squatters vary significantly from state to state. That’s why we recommend working with a local attorney. They’ll be able to provide local expertise and crucial guidance. They’ll make sure your actions comply with local regulations while maximizing your chances of successfully reclaiming your property.

For example, in Maryland, a squatter has to occupy the property for 21 years, while in Florida, they only need to live there for seven years.

Avoiding Legal Pitfalls

Missteps in the eviction process can lead to legal repercussions, such as fines or the squatter gaining more rights to your property. An attorney will be able to help prevent these mistakes.

They’re there to walk you through each step of the eviction process.

Disputes and Appeals

If the squatter disputes the eviction in court or appeals a decision, legal representation is crucial. Your attorney is the best person to advocate for you. They know how to present the evidence and have the arguments you need to strengthen your case and ensure a favorable outcome.

Final Thoughts

Getting rid of squatters is stressful, but the safest approach is a legal one: confirm the situation, follow your state’s eviction steps, and avoid self-help actions that could backfire. If you want the fastest path with the least risk, consider speaking with a local attorney and documenting every step.

FAQs About How to Get Rid of Squatters

You want to know how to get rid of squatters, and we want to help. Here are some of the most commonly asked questions we hear.

Can I Turn Off Utilities to Get Rid of Squatters?

No, turning off utilities to force squatters out is illegal in most states. This action is considered a form of self-help eviction and can lead to legal consequences. Instead, follow the legal eviction process.

How Long Does the Eviction Process Take?

The timeline for evicting squatters can vary depending on state laws and the specifics of the situation. Typically, the process takes anywhere from a few weeks to several months. It all depends on how quickly you act and whether the squatter contests the eviction.

What if the Squatter Claims They Have a Lease?

If a squatter claims they have a lease, it’s crucial to verify the legitimacy of the document. Contact the local authorities or consult a real estate attorney to help determine if the lease is valid. If it’s not, you can proceed with the eviction process.

Can a Squatter Become a Legal Tenant?

Yes, in some cases, a squatter can become a legal tenant. This happens if the property owner accepts rent or agrees to a lease. This is why you shouldn’t engage in any financial transactions with squatters unless you intend to establish a landlord-tenant relationship.

What Should I Do if the Squatter Files a Legal Claim Against Me?

If a squatter files a legal claim, such as for adverse possession or to dispute the eviction, it’s important to consult with a real estate attorney immediately. They can guide you on the best course of action to defend your property rights.

Can a Squatter Claim Property After a Certain Amount of Time?

Yes, under adverse possession laws, squatters can claim ownership of the property. They will have to meet specific conditions, such as continuous and open occupation for a certain number of years. The required duration varies by state, so it’s important to act quickly to remove squatters.

Can You Evict a Squatter During the Winter Months?

The ability to evict squatters during winter months varies by state. Some states have laws that protect occupants from eviction during extreme weather conditions. This is another reason it’s important to consult an attorney before proceeding.

What Should I Do if the Squatter Files a Restraining Order Against Me?

If a squatter files a restraining order against you, it complicates the situation further. You should immediately consult with an attorney to navigate this legal challenge. You’ll want to make sure your rights as a property owner are protected.

Can I Sell a Property That Has Squatters?

Selling a property with squatters can be difficult but not impossible. You’ll need to disclose the situation to potential buyers, which could lower the property’s market value. Some buyers, particularly investors, may be willing to purchase the property at a discount, understanding the risks involved.

Some cash buyers, like House Buyers of America, can help by purchasing your property fast for cash. This lets you walk away from the tedious squatter situation with your investment secured.