What Is a Squatter? Understanding Squatter Rights
What is a Squatter?
A squatter is someone who occupies an abandoned or unoccupied area of land or building without lawful permission or lease from the property owner. Squatting often occurs in vacant homes, abandoned buildings, foreclosed properties or unused land. While squatters have no legal rights to the property, they establish residency through continuous occupation.
There are different types of squatters with various motivations:
Opportunistic Squatters:
Take advantage of vacant properties, often seeking free shelter due to homelessness or inability to afford rent. This is the most common type.
Ideological Squatters:
Occupy properties illegally as a form of protest or civil disobedience, objecting to perceived injustices around property ownership, housing shortages or wealth inequality.
Homeless Squatters:
Are those without permanent housing who squat purely out of necessity to find basic shelter, usually in abandoned buildings or vacant homes.
Squatting becomes an issue when property owners want to retake possession of their property but find it illegally occupied. Removing squatters requires understanding the local laws and following the proper legal eviction procedures.
Creative Ways to Get Rid of Squatters
While the proper legal process should always be followed, property owners can employ some creative tactics to make the property inhospitable and encourage squatters to leave on their own:
Make the Property Uncomfortable
The goal is to make living conditions so unpleasant that squatters choose to vacate voluntarily. This can involve removing amenities like furniture, appliances, and window coverings. Turning off climate control and allowing extreme temperatures can also drive squatters out. Loud music, bright lights on at all hours, and unpleasant odors are other disruptive techniques.
Change Locks When Squatters are Out
When you know the squatters are away from the property, hire a locksmith to quickly re-key or replace all exterior door locks. This will prevent the squatters from regaining entry. Exercise caution as changing locks can escalate conflicts.
Turn Off Utilities
Cut off access to electricity, gas, and water by terminating utility services in your name. Without power, heat, and running water, an inhabitable property quickly becomes unlivable for squatters.
Remove Doors and Windows
Taking out doors and windows makes it difficult for squatters to properly secure the property. This exposes them to the elements and criminal activity, providing motivation to leave.
Use Lights, Alarms, and Noises
Install bright motion-sensor lights that disrupt sleep. Set loud alarms to create an annoying environment. Play recurring unpleasant sounds like jackhammers or buzzing to disrupt peace.
While drastic, these self-help measures can compel squatters to depart, though owners must be prepared for potential escalation or retaliation from disgruntled squatters. Consulting a lawyer about legal risks is advisable before using such aggressive tactics.
Understanding Squatters Rights
Squatters rights, also known as adverse possession laws, allow a squatter to potentially claim ownership of a property after residing there for an extended period of time. However, there are specific requirements that must be met for adverse possession claims to be valid.
First, the squatter's possession of the property must be "hostile" in nature, meaning without the owner's permission. The occupation cannot result from being a welcomed guest, tenant, or through a lease agreement. Second, the possession must be "actual" with the squatter physically controlling the premises. Third, the possession must be "open and notorious," where the owner could reasonably have noticed the squatter's presence.
Additionally, most states require the possession to be "exclusive" and prevent the actual owner from having any possession. Finally, the possession needs to be "continuous" for the full required time period set by state law with no significant gaps.
The time period required for a squatter to make an adverse possession claim varies from state to state, ranging from as little as 3 years to as much as 30 years. Many states have a 5-7 year requirement for adversely possessing residential properties and 10-20 years for vacant land.
Squatters rights laws aim to prevent property owners from having land go vacant or abandoned for extended periods. Once all legal requirements are met, the squatter may be able to file for a claim of adverse possession in court to officially obtain title to the property. However, successfully making an adverse possession claim is difficult with a high legal burden of proof.
Adverse Possession and Squatters Rights
Adverse possession is a legal principle that allows a person to claim ownership of land they have been possessing for an extended period of time, even without the current owner's permission. This doctrine varies significantly between states, but generally requires the squatter to openly occupy and make use of the property in a manner that is hostile to the rightful owner's rights for a statutorily defined time period.
In some states, adverse possession laws are quite strict, mandating continuous possession for 20 years or more before a claim can be made. Other states have much shorter time requirements of 5-7 years. The type of property and whether the squatter paid taxes or made improvements can also impact adverse possession claims.
For a squatter to successfully gain title through adverse possession, they must be able to demonstrate their occupation was:
1) Hostile (without owner's permission)
2) Actual (exercising control over the property)
3) Open and Notorious (not attempting to conceal possession)
4) Exclusive (no one else making a claim)
5) Continuous for the statutory time period
Challenging an adverse possession claim involves disproving any of these required elements. Common defenses include showing the squatter's use was with the owner's permission, that their possession was not continuous or exclusive, or that the time requirement has not fully elapsed. Disability or military service can also pause the clock on adverse possession in some jurisdictions.
State Recommended Negotiations
Before taking legal action, many states recommend trying to negotiate with squatters first to see if they will leave voluntarily. One common approach is offering "cash for keys" - providing a one-time cash payment if the squatters agree to vacate the property by a specific date. The amount offered can vary, but $500-$2000 is typical to cover basic moving costs and motivate them to go.
Another negotiation tactic is offering relocation assistance like covering first and last month's rent on a new rental unit. This gives squatters an easier path to legal housing. You can also offer to pay for a moving truck rental and storage unit fees for their belongings. Having an exit package makes it more enticing to leave willingly.
No matter what, it's crucial to avoid confrontations, threats, or any actions that could turn violent. Never attempt a "self-help" eviction by forcibly removing squatters yourself. This is illegal in all states and could open you up to criminal charges or a lawsuit against you. Remain calm, communicate through proper written notices, and let the legal system take its course.
Process for Getting Rid of a Squatter
The formal legal process to remove squatters from your property involves several key steps. First, you must formally terminate any existing rental agreement or lease, even if the squatter never had one. Provide written notice that their permission to remain on the premises has been revoked.
Next, deliver an official notice to vacate the property within a specified timeframe, typically 30 days. Make sure to follow your state's requirements for proper service of this notice. Document everything with proof of delivery.
After the notice period expires, if the squatters remain, you can then proceed with filing an official lawsuit for eviction through the courts. The eviction paperwork cites the illegal occupation of your property and lack of any legal claim or rental agreement.
Be prepared to attend court hearings and provide evidence of your property ownership as well as the expired notice to vacate. If ruled in your favor, the court will issue a formal eviction order that allows law enforcement to forcibly remove the squatters from the premises.
Notify Local Authorities
One of the first steps you should take when dealing with squatters on your property is to notify the local authorities. Contact the non-emergency police number and report the illegal trespassing occurring on your private property. Be prepared to provide your name, address, and details about the situation.
The police will likely come out to investigate and document the incident. Request an incident report number or case number for your records. This creates an official paper trail that the property is being illegally occupied, which can be helpful if you need to pursue legal action later on.
While the police may issue a trespass warning to the squatters, they generally cannot forcibly remove them from the premises without a court order. However, having law enforcement involved establishes that the squatters do not have your permission to be there, which strengthens your case as the rightful property owner.
Gather Proof of Ownership
As a property owner dealing with squatters, it's crucial to have documentation proving your legal ownership and rights to the property. This evidence will be necessary when working with authorities or going through the formal eviction process.
Start by locating your property deed, which is the legal document that transferred ownership to you. Your mortgage documents can also help establish your rights as the homeowner. Tax records showing you've paid property taxes on the residence provide further proof.
Gather copies of any utility bills, homeowner's insurance documents, or other paperwork connecting you to the address. Having a clear documentation trail helps validate your case.
Additionally, take dated photographs of the property's interior and exterior condition. Visual evidence can substantiate your claims about a squatter's presence and any damages they may have caused.
Organizing all this documentation will give you a strong foundation when dealing with squatter situations through official channels. Having proof of ownership prevents disputes over your legal standing and rights regarding that property.
Initiate Legal Action If Required
If the squatter refuses to leave after proper notice, you may need to take legal action. Hiring a real estate attorney is highly recommended to ensure you follow all laws and procedures correctly. An attorney can file a lawsuit against the squatter for criminal trespassing and any property damages they have caused.
The lawsuit will request a formal court-ordered eviction if the squatter still will not vacate voluntarily. If you win the eviction case, the local sheriff or law enforcement may be required to forcibly remove the squatter from your property. Having an attorney manage this process greatly increases your chances of a successful legal eviction while reducing risks.
File a Lawsuit
If the squatter refuses to leave after proper notice, you may need to file a civil lawsuit against them for trespassing and any damages they've caused to your property. In the lawsuit, be sure to include costs for necessary repairs, replacement of damaged items, legal fees, and any loss of rental income if the property was previously rented out.
You'll want to sue not just for possession of the property, but also monetary damages. Provide evidence of your ownership, the squatter's illegal presence, and documentation of any vandalism, theft, or destruction of your real estate. Request an immediate court order for their eviction along with financial reimbursement for your losses.
It's wise to have an attorney draft and file the lawsuit to ensure it is done properly and you have the best chance of a favorable ruling. The court will schedule a hearing where both sides can present evidence and make their case before a judge. With a lawful eviction order, law enforcement can then legally remove the squatters from your property.
Contact an Attorney
Dealing with squatters can be a complex legal situation, so it's highly advisable to consult with a real estate attorney or tenant lawyer who specializes in these types of cases. An experienced attorney will be able to explain all of your legal options and rights as a property owner. They can guide you through the proper procedures for legally removing squatters from your property while ensuring you comply with local laws and regulations.
One of the key benefits of hiring an attorney is that they can handle the entire eviction process on your behalf. This includes serving the required notices, filing the necessary paperwork with the courts, representing you at any hearings, and coordinating with law enforcement for the physical removal of the squatters if needed. An attorney's expertise can help streamline the process and increase your chances of a successful and timely resolution.
When meeting with a prospective attorney, be prepared to provide documentation proving your ownership of the property, as well as any evidence you have regarding the squatters' presence and activities. The attorney will review the specifics of your case and develop a customized strategy tailored to your situation and the laws in your jurisdiction.
Submit a Complaint
To formally initiate the process of removing squatters, you'll need to submit an official complaint with your local law enforcement agency, typically the sheriff's office or police department. This establishes a legal record of the situation and prompts authorities to take action.
When submitting your complaint, provide clear documentation proving your ownership of the property. This includes the property deed, mortgage documents, tax records, utility bills in your name, and any other paperwork definitively linking you as the rightful owner. Dated photos of the property's condition can also support your case.
Law enforcement will likely ask for details like how long the squatters have been present, if they initially had permission to be on the premises, and any concerning behavior or potential criminal activity you've observed. Answer all questions thoroughly and honestly.
Be prepared to follow up frequently on the status of your complaint. Removing squatters through proper legal channels can be a slow process, so continue reaching out to the authorities for updates and to ensure your case doesn't get overlooked or stalled. Persistence is key when dealing with difficult squatter situations through official channels.
Severe Notice to the Squatter
If informal requests and negotiations fail to remove squatters from your property, it's time to take a firm legal stance. Deliver a strongly worded "notice to quit" demanding they vacate the premises immediately. This official letter puts squatters on notice that you, as the rightful owner, are pursuing all available legal remedies to regain possession of your property through the formal eviction process.
The notice should explicitly state that their continued occupation is considered trespassing and that you intend to file a lawsuit for eviction if they do not voluntarily leave by the deadline given, typically 3-30 days depending on state laws. Clearly communicate the date by which they must be off the property to avoid further legal action.
Emphasize that failure to comply will result in a formal complaint filed with law enforcement and the courts to obtain a court order for their forcible removal by law enforcement officials. Lay out the potential consequences, including being sued for any incurred damages, legal fees, back rent, and other associated costs of their illegal residence.
Firmly assert your rights as the property owner and leave no ambiguity that you are prepared to take the matter through all judicial channels until they are permanently removed from the premises. This formal notice is a crucial step to demonstrate you have exhausted all reasonable measures before escalating to an eviction lawsuit.
Sue for Damages or Claim Reimbursement
If squatters have caused damage to your property or you've incurred expenses due to their illegal occupation, you may be able to sue them to recover costs. It's crucial to keep detailed records and receipts for any repairs, cleaning services, locksmith fees for replacing locks, and other related expenses. Maintain documentation with dates, photos of the property condition before and after, and invoices for work performed.
Should the squatters refuse to voluntarily reimburse you after being presented with the costs, you can file a civil lawsuit against them in small claims court or superior court depending on the total amount you're seeking. Be prepared to provide the court with evidence of your ownership, the squatters' illegal presence, and financial harm you suffered as a result.
In cases of theft or intentional vandalism by squatters, report these crimes to the police and your insurance provider right away. While your homeowner's insurance may cover certain damages, you'll likely need a police report and documentation to file a claim. Work closely with your insurer and provide them requested information for recovering your deductible or out-of-pocket costs from the responsible parties.
Frequently Asked Questions
How to get rid of squatters in the USA?
The only legal way to remove squatters from your property in the United States is to follow the formal eviction process as outlined by your state's landlord-tenant laws. This typically involves properly serving written notice, waiting the required period, then filing an eviction lawsuit in court if they refuse to vacate. If ruled in your favor, law enforcement like the sheriff's office can legally remove the squatters.
How do you get around a squatter?
There is no legal way to "get around" or bypass the formal eviction process when dealing with squatters on your property. Any attempts to forcibly remove them or deny them access to the premises could be considered an illegal eviction. However, you can make the property as uninviting and uncomfortable as possible to pressure squatters into leaving voluntarily. This includes removing amenities, setting loud alarms/lights, and turning off utilities.
How to make squatters uncomfortable?
While you cannot resort to dangerous, violent, or illegal actions, there are methods to make your property inhospitable for squatters:
- Remove any working doors, windows, utilities, plumbing
- Set loud alarms, bright lights, and noises on timers
- Clean out any food sources or supplies left behind
- Secure the premises to deny access to certain areas
- Post "No Trespassing" signs prominently around the property
Will NY change squatter's rights?
There are currently no proposed initiatives or legislative efforts underway in New York to revise or change the state's adverse possession laws related to squatters rights. Existing laws will likely remain in effect, requiring squatters to openly occupy a property for 10-30 years before potentially making an ownership claim.
Key Takeaways
Dealing with squatters on your property can be a frustrating and complex situation. The most important steps are to understand your legal rights as the property owner, follow the proper eviction protocols for your state, and avoid any confrontation or violence.
While creative tactics like making the property uninhabitable may motivate squatters to leave, the most effective long-term solution is going through official legal channels. This includes serving written notices, filing formal complaints with authorities, hiring an attorney if needed, and allowing the court process to run its course for a lawful eviction.
Attempting to forcibly remove squatters yourself or engaging in self-help measures opens you up to potential criminal charges and civil liability. Squatters do have certain rights, even if they are trespassing illegally. Pursue legal avenues, document everything thoroughly, and let law enforcement handle the physical removal if granted by the courts.
Property owners have rights too, but the road to reclaiming your home or building requires patience, proper evidence of ownership, and adhering to the letter of the law. With persistence and the right actions, you can legally regain possession while minimizing risk and hassle.
