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Squatters are people who move into abandoned, foreclosed, or otherwise unoccupied homes or premises. People squat for a variety of reasons. For example, the squatters might have rent from a scammer who pretended to be the owner. Also, some squatters are tenants who are staying past their lease. Generally, in the United States, property owners can have squatters removed. Other countries have similar laws. If you suspect you have squatters in your neighborhood, contact the police and the homeowner, but stay calm and let the authorities deal with the situation.
Steps
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Talk to your neighbors. Other people might have seen something. Visit your neighbors and ask if they know anything about the situation. Check whether they know where the owner is and how to contact them.
- By talking to your neighbors, you also spread the word that someone might be in the house illegally. Not all squatters are dangerous, but your neighbors should nevertheless be advised of who is there.
- If a neighbor has seen something, have them write down notes about who they saw and when. Ask them to describe the squatters, if they can.
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Document the squatting. You’ll need to notify the police and the building owner, but you should have some evidence to share with them. This evidence will be useful if the owners need to sue to evict the squatters. Do the following:
- Take detailed notes of who you see coming and going from the property. What do they look like? How many people are there? What dates have you seen them?
- Photograph the building if you see broken windows or graffiti.
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Speak to the squatters if you aren’t afraid. There might be an innocent explanation for why someone has been in the property. For example, the people you see going in and out might be the lawful owners. Ask the people you encounter who they are and why they are there.
- You are not required to speak to the squatters, and you shouldn’t if you are scared of them. It’s enough to record what you have observed and then call the appropriate people.
- If you’re scared, another option is for a group of neighbors to go talk to the squatters. There’s safety in numbers.
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Notify the police. The police can determine whether the people on the property are trespassers or squatters. A trespasser is someone who illegally enters property for a brief period of time. By contrast, a squatter usually brings their personal belongings with them and moves in. [1] X Research source They may also have the utilities turned on.
- The police can remove trespassers immediately. However, they can’t remove squatters.
- Ask the police if they will report the squatters to the owner. If they won’t, then you might have to if you want to get rid of them.
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Identify the owner. Only the owner can evict the squatters. For this reason, find the owner by looking at records in the tax assessor’s office. You can also check the deed in the county land records office. Find contact information for the owner online or in the phone book.
- Some property might be owned by a company. You can find contact information by checking with the Secretary of State’s office.
- If the owner hired a property management company, then its name should be on a sign posted on the property.
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Call the owner or property management company. Report that you suspect squatters are on the property. Tell them whether you contacted the police, and share any other information you have about the squatters. Remember, only the property owner can evict the squatters.
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Report municipal violations. Another good way to get an unresponsive owner’s attention is to call your local municipal inspector. Report that the property looks run down and ask them to come out and take a look. If they find safety violations, they can fine the owner.
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Remain calm. Dealing with squatters can be an unsettling experience, but it’s important that you try to stay calm and not escalate the situation. Aim for clear dialogue with all parties. It can take quite a bit of time to get squatters removed, so remain patient. Avoid forcing people out yourself.
- Lean on your neighbors for support. They are probably just as upset as you are.
- Protect your own home by keeping doors and windows locked.
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Consult with an attorney. Getting rid of squatters can be a time-consuming process. You must follow your law to a “T,” otherwise you might not be able to get them out. Obtain a referral to a local attorney by contacting your nearest bar association. Schedule a consultation with the attorney and explain your situation.
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Serve an eviction notice. Your first step is to evict them. Read your jurisdiction’s law to find out what to include in the notice. You might be able to find forms online.
- You must serve the notice according to your jurisdiction’s laws. Typically, you must tape a copy of the notice to the door and then mail a copy to the squatter. Laws differ by state, but in most cases it's best to mail the letter through the traditional mail with a tracking number for proof of delivery. However, some areas may require you to use certified mail.
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File an eviction proceeding. If the squatters won’t leave after being evicted, you need to file an “unlawful detainer” action, which is a lawsuit for eviction. Ask the court clerk if there are forms you can fill out. If there aren’t, then work with a lawyer to draft a legal complaint.
- You’ll have to pay a filing fee. Call ahead of time to check the amount and acceptable methods of payment.
- You’ll need to schedule a hearing with the court. The process differs depending on the court.
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Serve notice of the lawsuit on the squatters. Generally, you’ll need to arrange service. Have someone 18 or older hand deliver the papers to the squatter. In most cases, the petitioner can serve the lawsuit themselves.
- Whoever makes service will complete a proof of service form (also called an affidavit of service). Keep a copy and file the original with the court clerk.
- Check the laws in your area to make sure you follow the requirements for your jurisdiction.
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Avoid using self-help. Even though you own the property, you typically can’t use self-help when removing the squatters. A few states might let you do the following, which you should talk about with an attorney. However, in most jurisdictions, you can be sued for an illegal eviction if you engage in self-help: [2] X Research source
- Don’t physically threaten the squatters or order them to leave.
- Don’t grab the squatters and try to forcibly move them out.
- Don’t change the locks.
- Don’t cut off the utilities.
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Defend against a claim of adverse possession. Some squatters claim that they are now the property owners through a process called “adverse possession.” Adverse possession is incredibly complicated, and very few squatters get ownership of the property this way. Nevertheless, you should be prepared for this defense.
- To claim adverse possession, the squatter must have continuously and exclusively possessed the property for a minimum amount of time. [3] X Research source The length of time will vary by jurisdiction. Generally, however, they must possess the property for a long period of time, ranging from just a few years to 10 years or more. [4] X Research source
- The use must be continuous and exclusive . This means they can’t stop by for the summer, stay a few months, and then leave for eight months. They also can’t share the property with someone else, such as the owner.
- The possession must be open and notorious . This means they can’t hide in the attic for 20 years. Instead, they need to make improvements to the property, such as putting up a fence, or treating it as a regular owner would, by inviting people over. [5] X Research source
- In many states, squatters must also pay the property taxes.
- You can defend against adverse possession by disproving any of these requirements. Talk to your neighbors to find out how long the squatters have been on the property, and find proof that they haven’t paid taxes.
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Prepare for trial. Gather helpful information and witnesses. You can make sure a witness shows up by serving them with a subpoena. If you want to introduce documents, make several copies and bring the original along with you.
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Attend court. When you arrive, tell the clerk or bailiff your name. Sit quietly until your case is called, and then move to the front of the courtroom. You will either sit at a table or stand in front of the judge’s bench. [6] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source
- You get to present your evidence first. Identify any witnesses and ask the judge if they want to see your documents.
- Stand quietly while the squatter presents their case. You can’t interrupt.
- If the judge asks you questions, listen closely and don’t talk over them. Call the judge, “Your Honor.”
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Have the squatters removed. Even if you win in court, you can’t physically remove the squatters yourself. Instead, you should call the sheriff and schedule a time for them to come remove the squatters. This is certainly a hassle, but you want to follow the law exactly.
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Handle any property left behind . Your jurisdiction’s laws will tell you what you can do with the property. In some places, you can dispose of it yourself. However, other jurisdictions require that you notify the squatter and give them a chance to reclaim anything left behind.
- You can find your jurisdiction’s laws online. If not, consult with your lawyer.
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Expert Q&A
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QuestionWhat can I do about an evicted tenant who has moved back into the home illegally?Ryan Baril is the Vice President of CAPITALPlus Mortgage, a boutique mortgage origination and underwriting company founded in 2001. Ryan has been educating consumers about the mortgage process and general finance for almost 20 years. He graduated from the University of Central Florida in 2012 with a B.S.B.A. in Marketing.Call the police. If they are unable to help, you should seek out counsel from a real estate attorney.
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QuestionHow do I transfer a quit deed home to a friend?Carla Toebe is a licensed Real Estate Broker in Richland, Washington. She has been an active real estate broker since 2005, and founded the real estate agency CT Realty LLC in 2013. She graduated from Washington State University with a BA in Business Administration and Management Information Systems.Get a quit deed form from a title company. Fill it out and file it with the county where the property is located. If you need help filling out the form, you will need to talk to a real estate attorney. The title company will not be able to help you.
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QuestionHow do I know for sure if these are squatters? This house has been empty for a couple of years.Ryan Baril is the Vice President of CAPITALPlus Mortgage, a boutique mortgage origination and underwriting company founded in 2001. Ryan has been educating consumers about the mortgage process and general finance for almost 20 years. He graduated from the University of Central Florida in 2012 with a B.S.B.A. in Marketing.You can look up the owner of the home on your county's property appraiser website and then attempt to contact the owners to see if they are aware of the people living in the home. You can also see if the home has been sold recently, meaning the residents are not likely to be squatters.
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References
- ↑ https://www.findlaw.com/legalblogs/law-and-life/legal-how-to-getting-squatters-evicted/
- ↑ https://www.findlaw.com/realestate/landlord-tenant-law/illegal-evictions-can-get-you-in-trouble-for-landlord-harassment.html
- ↑ https://www.findlaw.com/legalblogs/law-and-life/legal-how-to-getting-squatters-evicted/
- ↑ http://www.nolo.com/legal-encyclopedia/state-state-rules-adverse-possession.html
- ↑ http://www.nolo.com/legal-encyclopedia/what-open-notorious-use-property-means-adverse-possession-claim.html
- ↑ http://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions/what-to-expect-at-an-eviction-hearing/192-summary-eviction-hearings
About This Article
Article Summary
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If you have squatters in your neighborhood, you’ll need to notify the police and the building owner and provide evidence that someone’s living on the property illegally. For instance, take detailed notes of who you see coming and going from the house, including what they look like when they were there. Additionally, take photos of the property, especially if you see broken windows or graffiti, since this indicates that the squatters are destroying the property. Besides gathering your own evidence, talk to your neighbors to see if they’ve noticed anything unusual in the area. Once you’ve gathered some evidence, call the police and explain the situation so they can remove the trespassers. Then, contact the property owner. If it’s owned by a property management company, their number will likely be listed on a sign posted on the property. Otherwise, you can find the contact information by looking at records in your local tax assessor's office. To learn how to remove squatters from your own property, read on.
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