As a landlord, it’s reasonable for you to expect that the only people who live in your rental property are the tenants you selected and signed a lease with. The only exception to this (aside from long-term guests) is the presence of squatters or trespassers. If someone is living in your rental without your permission or knowledge, there are certain steps you need to take to remedy the situation while respecting tenant rights.
What’s the Difference Between a Squatter and a Trespasser?
It’s important to understand the difference between a squatter and a trespasser so that you know how to handle the situation. Keep in mind that all squatters are trespassers, but not all trespassers are squatters. The biggest difference between a squatter and a trespasser is their legal rights in the situation. Landlords have to consider tenant rights when dealing with a squatter situation, whereas a problem with someone trespassing on their property can often be directed to the proper authorities.
Who is considered a squatter?
A squatter is someone who finds a vacant property and begins to live in it without the property owner’s permission while claiming ownership, meaning they claim to have a right to live in the property. They can claim residency by receiving utilities or bills to the property in their name. However, squatters don’t legally own the property upon occupying it and aren’t approved to pay rent to live there. Squatting is usually considered a landlord-tenant problem rather than a criminal issue, but squatting can still be seen as criminal behavior.
Who is considered a trespasser?
A trespasser is an individual or a group of people who enter and occupy a person’s property without permission, but they differ from squatters in that they don’t claim to have a right to the property. Essentially, trespassers are committing a crime without the same rights as squatters. However, if it is declared an emergency situation by law, the person may be exempt from the crime of trespassing.
Squatters take it one step further than trespassers by living in the property without the landlord’s permission or knowledge in an attempt to claim ownership of the rental. If they make payments towards the property over a long period of time, they can eventually gain ownership (depending on state laws), making it a time-sensitive issue for landlords. Because they claim a right to be there (even if it’s a false claim), landlords cannot forcibly remove them from the property and must be compliant with tenant rights.
What Rights Do Squatters and Trespassers Have?
Although in the wrong, squatters and trespassers have legal rights that landlords need to be familiar with to help remedy the situation as soon as possible.
Squatter rights
Because a squatter claims ownership of the property, landlords cannot usually remove them from the property without notice. A squatter is treated like an authorized tenant, and the law typically allows landlords to handle the situation by providing the squatter with an eviction notice through mail or through the authorities.
Trespasser rights
Oftentimes, if someone has entered and occupied a property for a short amount of time, such as a few weeks, it may be considered a criminal situation. The trespasser is then held responsible for breaking and entering. If this is the case, the individual does not have any tenant rights and landlords can notify the proper authorities to report the incident as a break in.
How to Evict Squatters and Trespassers
The process of evicting a squatter is similar to evicting a traditional tenant, especially since the squatter is likely trying to gain tenant rights. If you’re dealing with an unwanted squatter or trespasser, here’s what you need to know about removing them from your property.
Step 1: Research squatter/trespasser rights
You’ve already begun the process by researching squatter and trespasser rights. Now that you have an overview of their rights (or lack thereof), determine whether the intruder is classified as a squatter or a trespasser since the removal process will differ. Get familiar with your state laws on the matter as well since you may find that the process for evicting a squatter varies by locale.
Step 2: Formal communication
If the intruder is a squatter, you are legally allowed to send them a written notice to vacate the property. Follow the typical steps of a tenant eviction when dealing with a squatter. If the intruder is a trespasser, you’ll want to notify the authorities immediately.
Step 3: Notify the authorities
If you still aren’t sure whether they’re a squatter or a trespasser, the police should be able to determine your next steps by informing you whether it’s a civil or a criminal matter. Because trespassing is considered a criminal issue, authorities will remove the trespassers from the property once notified. You won’t need to handle this situation like a tenant eviction, but rather a breaking and entering situation.
Step 4: Legal process
If it’s determined to be a civil matter (meaning the intruder is considered a squatter), you will need to document all communication with the unauthorized tenant. The next step is to file a civil lawsuit for their illegal use of your property. Before you do so, check your local laws to determine the proper court to file your lawsuit with, as well as what you need to present to the court. You will then be asked to attend an eviction court hearing to proceed with the eviction.
Step 5: Formal eviction
Refrain from waiting too long to start the eviction process. If you fail to file a civil lawsuit in a timely manner, the squatter could obtain ownership under adverse possession laws. To avoid any legal consequences, follow all local eviction laws and continue the process as you would with a traditional tenant. If the squatter remains in your property after you win your case, you will need to have them removed by the proper authorities. You may present the court decision to your local police department and they will remove the squatter (often for a small fee).
Step 6: Small claims lawsuit (optional)
If your property was damaged during the squatter’s time there, you may have a case for small claims court. This is entirely optional, but if you are interested in recouping property damage and lost earnings from lack of rent payments (from being unable to legally rent the property while it was being occupied by an unauthorized tenant), then you can file a small claims lawsuit.
How to Prevent Squatters and Trespassers
It’s important to prevent squatters or trespassers from illegally occupying your unit in the first place, and there are several ways to do that.
1. Thoroughly screen your tenants. Although squatters don’t always begin as tenants, tenants can turn into squatters if they overstay their welcome. It’s vital to thoroughly screen your tenants to try to prevent this from happening. Tenant screening includes a full background and credit check, landlord and employer references, and proof of income. Apartments.com makes it easy to screen tenants, get the information you need, and find a qualified renter fast. Unlike our competitors, who use various third-party resources to collect information, we partner with TransUnion to provide you with screening reports for evictions, credit, and criminal history. Another feature you’ll find only on Apartments.com is support for co-signers, guarantors, and co-applicants. If you need more information to make a decision, you can request supporting documents from potential tenants directly on our platform. Get all the information you need to find the right tenant quickly and easily.
2. Keep an eye on your rental. If you or a property manager are regularly visiting and maintaining the unit, it’s unlikely a squatter or trespasser will choose to occupy your unit since they often look for abandoned properties or ones with long-term vacancies. If your rental is vacant, make sure every window and door is locked before you leave. If your rental is occupied, you can still respectfully monitor who is occupying your property to ensure there are no long-term guests who could turn into squatters.
3. Install a security system. Your rental property is an investment that you need to protect, and a great way to keep an eye on it when you can’t be there in person is to install a security system. Cameras and sensors that trigger an alarm when someone enters through a window, door, or breaks glass to enter will give you peace of mind and help avoid squatters occupying your unit without your knowledge.
4. Avoid long-term vacancies if you can. Because squatters and trespassers often occupy abandoned units or ones that have sat vacant for a long period of time, it’s helpful to ensure your property is tenanted. Once a tenant provides a notice to vacate, ensure your property is listed online as available to attract new tenants. A vacant unit poses a greater risk when it comes to squatters and trespassers.
In Conclusion
Squatters and trespassers are a danger to your property, but this isn’t necessarily a problem that every landlord will face. However, it’s helpful to be informed on the subject so you can properly deal with unauthorized tenants or trespassers should the time come. This knowledge can also help you prevent squatters in the first place and ensure you are obeying the law when handling the situation.
