In most situations, the people who live in your building or complex are the ones who are paying you to be there. These people may pay their rent, have signed a legally binding document with you, etc. Occasionally, groups of people or individuals can take up residence within your property. In these situations, they aren’t paying haven’t signed any legal documents allowing them to be there. These people are generally referred to as squatters.
This can be a frustrating situation for property owners and managers as they would be in a position where there is an unauthorized tenant. It can also be quite heartbreaking to know that in many cases, these squatters don’t have anywhere else to go
What Property Managers Need to Know About Squatter’s Rights
In most situations, the people who live in your building or complex are the ones who are paying you to be there. These people may pay their rent, have signed a legally binding document with you, etc. Occasionally, groups of people or individuals can take up residence within your property. In these situations, they aren’t paying haven’t signed any legal documents allowing them to be there. These people are generally referred to as squatters.
This can be a frustrating situation for property owners and managers as they would be in a position where there is an unauthorized tenant. It can also be quite heartbreaking to know that in many cases, these squatters don’t have anywhere else to go
Even though squatters aren’t paying to be there, some laws require property managers to provide these unauthorized tenants with an eviction notice, before they can be displaced. These eviction notices need to be delivered either through the local police department or by mail. This means that squatters need to be treated just like renters that have fallen behind on their rent. Even though they may have never made a payment to be there, you can’t just kick them out.
What Property Managers Need to Know About Squatter’s Rights
Even though squatters aren’t paying to be there, some laws require property managers to provide these unauthorized tenants with an eviction notice, before they can be displaced. These eviction notices need to be delivered either through the local police department or by mail. This means that squatters need to be treated just like renters that have fallen behind on their rent. Even though they may have never made a payment to be there, you can’t just kick them out.
Almost every state has some regulations regarding squatter’s rights. For example, California allows a squatter to claim that they have possession of a home or building after they have established their residency. Claiming residency, in this case, is easier than you might think – all they need to do is have mail and bills sent to the address, come and go through the front door, and pay property taxes for at least five years. However, if the property manager or owner catches on to the situation (or in many cases, the squatter doesn’t pay the property taxes), the squatter can be arrested for trespassing and evicted by the civil court system.
Almost every state has some regulations regarding squatter’s rights. For example, California allows a squatter to claim that they have possession of a home or building after they have established their residency. Claiming residency, in this case, is easier than you might think – all they need to do is have mail and bills sent to the address, come and go through the front door, and pay property taxes for at least five years. However, if the property manager or owner catches on to the situation (or in many cases, the squatter doesn’t pay the property taxes), the squatter can be arrested for trespassing and evicted by the civil court system.
Property Managers Need to Keep an Eye on Their Vacant Properties
The chances are that you will have vacant properties from time to time. Just as it is crucial to ensure that properties are secure and operational during these vacancies, it is also necessary to visit frequently. The best way to keep squatters out is to ensure that they don’t discover a vacancy is unsupervised.
Property Managers Need to Keep an Eye on Their Vacant Properties
The chances are that you will have vacant properties from time to time. Just as it is crucial to ensure that properties are secure and operational during these vacancies, it is also necessary to visit frequently. The best way to keep squatters out is to ensure that they don’t discover a vacancy is unsupervised.
If hiring a full-time security guard isn’t an option, then it might be necessary to set up some unpredictable visit cadence where the property can be checked for routine maintenance needs and overall safety. Squatters will watch buildings for some time before they attempt to set up residence. If you want to ensure that this doesn’t happen to you, make sure that they don’t identify a window of opportunity.
If hiring a full-time security guard isn’t an option, then it might be necessary to set up some unpredictable visit cadence where the property can be checked for routine maintenance needs and overall safety. Squatters will watch buildings for some time before they attempt to set up residence. If you want to ensure that this doesn’t happen to you, make sure that they don’t identify a window of opportunity.
Understand that in most states, you can’t add padlocks or barricades to keep squatters out. Further, you can’t shut off utilities, and you can’t try to intimidate either. The best course of action is to contact law enforcement and ask for their assistance. Do not wait, as the longer you wait; the more inclined the court will be to believe that you provided consent.
If law enforcement determines that this is a civil manner, you will need to commence the eviction process. Provide notice to the squatter. In some cases, the squatter will vacate on their own. If not, you will need to pursue an unlawful detainer lawsuit to help you with the eviction. If your property becomes subject to squatters, be sure to check into the local regulations that apply. This will ensure that you handle the next steps appropriately and don’t put yourself or the squatters in any harm.
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Understand that in most states, you can’t add padlocks or barricades to keep squatters out. Further, you can’t shut off utilities, and you can’t try to intimidate either. The best course of action is to contact law enforcement and ask for their assistance. Do not wait, as the longer you wait; the more inclined the court will be to believe that you provided consent.
If law enforcement determines that this is a civil manner, you will need to commence the eviction process. Provide notice to the squatter. In some cases, the squatter will vacate on their own. If not, you will need to pursue an unlawful detainer lawsuit to help you with the eviction. If your property becomes subject to squatters, be sure to check into the local regulations that apply. This will ensure that you handle the next steps appropriately and don’t put yourself or the squatters in any harm.
