As a landlord, it’s reasonable for you to expect that the only people who will ever live in your rental property are the tenants with whom you signed a lease. 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 issue appropriately, according to legal guidelines. 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. On the other hand, landlords who have an issue with a trespasser can often find assistance through contacting local 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. Squatters, however, don’t legally own the property upon occupying it, nor are they 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.
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 squatters from the property and must be compliant with tenant rights.
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.
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
If someone has entered and occupied a property without authorization for a short period of time, it is called trespassing. The trespasser can be held responsible for breaking and entering. If this is the case, the individual does not have any tenant rights. Landlords should 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 are key steps 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 because the removal process will differ for each. Get familiar with your state laws on the matter as well.
Step 2: Provide 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 offense, authorities will remove the trespassers from the property once notified. You won’t need to handle this situation like a tenant eviction, but rather as a breaking and entering situation.
Step 4: Begin the 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. If the situation is complex, consult a landlord-tenant attorney to ensure you’re following the law and protecting your rights.
Step 5: Start a 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. Do not attempt to remove the squatter yourself by changing locks, shutting off utilities, or physically removing them. These actions are illegal in most jurisdictions and could lead to legal consequences. 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 can remove the squatter (often for a small fee).
Step 6: Initiate a small claims lawsuit
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 properties that appear to be abandoned or rentals with long gaps between tenants. If your rental is vacant, make sure windows and doors are securely locked. Take pictures or video of the unoccupied rental to document the condition of the property. Make sure the lawn and outer appearance are maintained. 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. Security systems range from pricey, elaborate setups to do-it-yourself installations at low cost. Choose a system that best fits your budget.
4. Avoid long-term vacancies. 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 consistently tenanted. Once a tenant provides a notice to vacate, promptly list your upcoming vacancy online to attract new tenants. A vacant unit poses a greater risk when it comes to squatters and trespassers.
Squatters and trespassers can pose a danger to your property, but this isn’t a guaranteed problem that every landlord will face. It is prudent, however, to be informed on this subject so you can properly deal with unauthorized tenants or trespassers should the matter arise. This knowledge can also help you prevent squatters in the first place and can help ensure that you are obeying the law in this area.
