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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, at once, become a source of great distress. When a tenant moves out and no new occupant is found swiftly, these empty properties can attract unwanted attention. The empty spaces may quite seem like an inviting opportunity for trespassers and squatters desirous of shelter. Without appropriate oversight, what was once a vibrant home can rapidly spiral into an unnoticed shell, magnetizing trouble and anxiety for landlords.

What is squatting?

Squatting speaks of the unlawful occupation of an uninhabited building or unused land. In clear language, for homeowners, a squatter is someone who occupies your property without your permission. This situation can certainly also mean former tenants who abide 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 tricky to lease to new tenants. To advantageously prevent squatters, it is vital to secure your property. If you do not keep your residence near your rental home, think of 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 allow a squatter to remain, 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 arduous.

Another potential issue happens 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, even if the squatter occupies your property without your permission. If this emanates, the police may classify the situation as civil rather than criminal.

If the police cannot assist you, the next act is to serve the unlawful occupant with an eviction notice. Just providing this notice can frequently encourage the squatter to move out voluntarily. But despite that, if they refuse to leave, you may need to file an unlawful detainer lawsuit, which will kick off formal eviction proceedings.

The entire duration of this process can vary depending on the efficiency of the court system in your state, taking anywhere from two weeks to several months. As soon as you get hold of 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?

Just in case you have successfully evicted your squatters, you’ll be obliged to deal with any personal property they may have left behind. Whether they left gladly or were removed with force, it’s common for them to abandon some belongings.

The following steps largely depend on the laws in your area. In lots of states, you may dispose of these items without consequence. Having said that, in other places, you may be required to store their belongings in a storage unit at your own expense. If the squatters do not claim their property and cover the storage fees, you may have the right to auction off the items or dispose of them as stated in local regulations.

Handling squatters can be demanding and resource-intensive. To dodge this, proactive management is the primary key. At Real Property Management Landmark, we advantageously settle tenant move-outs and swiftly fill vacancies. An occupied rental property is both advantageously profitable and free from squatters. For more necessary details with regards to our property management services in Huntington, please contact us online or call 516-522-2859.

Originally Published on November 16, 2018

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