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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 hastily become a source of great worry and distress. When a tenant moves out and no new occupant is found that quickly, these empty properties can certainly attract unwanted attention. The empty spaces may truly look like an inviting opportunity for trespassers and squatters inquiring and looking for shelter. Without the very best oversight, what was once a vibrant home can easily spiral into an overlooked shell, causing trouble and anxiety for landlords.

What is squatting?

Squatting involves the unlawful occupation of an uninhabited building or unused land. Distinctly, for homeowners, a squatter is someone who occupies your property without your permission. In like manner, this situation can also comprise of former tenants who inhabit the property without paying rent after their lease has expired or been terminated.

Unlawful occupants can negatively impact your rental property and make it difficult and laborious to lease to new tenants. To effortlessly prevent squatters, it is imperative to secure your property. If you do not really live near your rental home, take into account hiring a property management company to properly 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 stay and live there, 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 seriously difficult.

Another potential issue occurs if a squatter manages to turn on utilities at the property in their name. In certain areas, doing so can establish legal residency, while the squatter occupies your property without your permission. If this sadly happens, the police may classify the situation as civil rather than criminal.

If the police cannot assist you, the subsequent step is to serve the unlawful occupant with an eviction notice. Just merely providing this notice can characteristically encourage the squatter to move out voluntarily. That being said, if they refuse to leave, you may need to file an unlawful detainer lawsuit, which will start formal eviction proceedings.

The duration of this process can vary depending on the proficiency and efficiency of the court system in your state, taking anywhere from two weeks to several months. If you do receive 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?

In the case that you have successfully evicted your squatters, you’ll be required to swiftly address any personal property they may have left behind. Whether they left by choice or were vigorously and forcefully removed, it’s usual or normal for them to abandon some belongings.

The following steps are contingent on the laws in your area. In plenty of states, you may dispose of these items without consequence. Notwithstanding, in other places, you will perhaps be required to store their belongings in a storage unit at your own expense. If the squatters do not claim their property and repay you for the storage fees, you may have the right to auction off the items or dispose of them following local regulations.

Handling squatters can be prolonged and resource-intensive. To ward this off, proactive management is essentially key. At Real Property Management Investor’s Choice, we effortlessly take care of tenant move-outs and fill vacancies at once. An occupied rental property is both successful and free from squatters. For more details regarding our property management services in Nashville, please contact us online or call 615-810-9578.

Originally Published on November 16, 2018

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