Dear Reader,
Dealing with a professional squatter can mean headache upon headache for landlords that simply want what they’re legally entitled to, their own property. Today we’re going to talk about “Squatter’s Rights”, known legally as “adverse possession”.
Did you know that if you occupy an abandoned property for long enough, you can lay claim to the property and become its owner? The process through which a continuous trespasser takes over a property is called “adverse possession”. Laws vary on adverse possession from state to state but, neglect your property for long enough, and you may just lose it to someone who shouldn’t even be there in the first place!
So, how do you know you have a squatter vs an ordinary, run of the mill trespasser?
- Exclusive Possession: This means the squatter is maintaining the property and doing upkeep while considering the property as their own.
- Open and Notorious Possession: The squatter occupies the property without hiding the fact that they are living there. The squatter may receive mail to the address, use the address on official documents, among many other things to have open and notorious possession.
- Satisfaction of the Hostility Requirement: Hostility is not always violence in this case. The Hostility Requirement is the requirement that the squatter knows they are trespassing or, they are operating in good faith because they honestly believe they have a right to be there through some obscure turn of events. If the homeowner or property management company does not make efforts to remove the hostile occupant, the squatter may eventually be awarded with adverse possession.
Treat your professional squatters like tenants in regard to an eviction. There are several things you should NOT do to avoid scandal and trouble when evicting a tenant and that is covered in the link here – https://bit.ly/ScandalsCostLandlords.
So, on to the simple steps we can take to remove and evict the squatters.
- Serve the squatter an eviction notice. Check local laws, contact a property manager, or an attorney for requirements on what must be contained in an eviction notice.
- File an unlawful detainer. After the eviction notice is served and the squatter continues to remain hostile as well as openly and notoriously occupy the property, the unlawful detainer gives notice to the squatter that legal action has been taken against them. Both the property owner and the squatter will have the opportunity to defend themselves in court.
- Remove the squatter by presenting the sheriffs office or similar local authorities with the court’s final judgment to have the squatter legally removed.
Squatters can be a huge headache for property owners and landlords. Oftentimes, squatters can prevent the sale of a property, are causing damage to the property, and are a major nuisance. With that in mind, if you have a situation with a squatter, please reach out to us at (240) 270-5149 so we can formulate a solution to get you out of the situation you have with the squatters in your property. If we can’t come up with a solution, we know someone who can help, guaranteed.
Yours Truly,
Black Tiger – A Marshall Homes Partner