As a landlord or property manager, its important to understand the laws in your area that determine squatters’ rights. “Squatter” is a term often used within the landlord community, but for new landlords, this term might be unfamiliar in both its meaning and how it can impact your property directly. In simple terms, a squatter is an unauthorized tenant who resides at a property that he or she does not own or pay rent for.

Although the concept of an illegal tenant living rent-free might frighten landlords, these squatters actually have certain rights that cannot be violated by law. As a result, there are important steps and processes that landlords must follow when trying to evict squatters. Let’s explore what squatter’s rights are, how they work and in which states they apply.

What are “Squatters’ Rights”?

In general, most laws treat squatters similarly to renters who fail to pay rent. As a result, landlords cannot simply displace squatting residents without notice.

Squatters’ rights are sometimes referred to as “adverse possession” laws, and their details heavily depend on the state in which the situation takes place and the amount of time a squatter has been residing at the property. Certain states, such as New York, require squatters to have lived at the property for at least 10 years before being designated as adverse possession.

Under adverse possession laws, squatters can eventually obtain lawful residence of the property following the required time stated by the law. Squatters still have to pay all the other fees and taxes associated with home rental or ownership. In some instances, they can obtain the title for the home following the payment of property taxes and utilities.

Which states have squatters’ rights/adverse possession laws?

Every state has laws addressing squatters’ rights, they vary in their details according to that particular state. At the foundation of these laws is who qualifies for protection under squatters’ rights based on the time period they have been residing in that location.

The states below require squatters to have lived on a property for 20 years or longer to be protected by squatters´ rights:

How to Evict Squatters?

As a landlord, it’s incredibly important to treat your investment property with care and protect it from possible threats such as squatters while acting within the confines of local laws. Though squatters’ rights laws vary state to state, the eviction process follows these general steps.

1. Determine if the residents are trespassers or squatters

Depending on how long the current residents have occupied the property, legal regulation actually differs in the way it applies to them. If they have only been dwelling in the property for a very short period of time (such as a week or a month), landlords can consider them trespassers and treat the situation as a breaking-and-entering case. In this case, landlords should simply call the police and report a break-in. For more long-term situations, you may need to investigate their rights further and proceed according to squatters’ rights in your state.

2. Proceed with the formal eviction process

If you’ve determined that the person is actually a squatter, you should immediately begin the eviction process just as you would for any other problematic tenant. Beyond the formal eviction process, you should also file an Unlawful Detainer action, which can be particularly useful should they refuse to vacate the property following the eviction process.

3. Be aware of squatters’ rights and proceed with litigation if necessary

As previously stated, the laws surrounding squatting and squatters’ rights are extremely different depending on the state. It’s incredibly important to keep in mind what is and isn’t allowed during the eviction process and how to manage any interactions with the squatters. If you filed the Unlawful Detainer suit as mentioned, you may need to proceed with litigation to legally remove the people from your property. Be sure to attend any and all court hearings or summons throughout the eviction process.

4. Clean the vacated property and prepare for new tenants!

Once you are finally able to remove the squatters, you will then need to prepare your property for lawful tenancy again. In the case you need to remove any furniture or possessions remaining from the squatting tenants, make sure you follow any and all local laws related to the matter. If you are confused by the laws, consult your lawyer or local judicial office prior to moving anything in order to protect yourself from legal action.

Final Thoughts

Though it may seem unfair and test your patience, following the legal process for communicating with and evicting squatters is crucial for landlords faced with this situation. The best course of action before even addressing the squatters is to educate yourself on the laws in your state and even consult a lawyer to make sure you are acting within your rights and respecting theirs. When dealing with such a complicated situation, the last thing you want is to behave in a way that allows the squatters to take legal action against you and hurt or slow your chances of eviction.

For additional information and advice for renters and landlords, visit mylighthouse.co.