Illegal occupants or squatters are a big issue in the US and if you are currently facing this problem, here is how to remove the illegal occupants from your properties. However, before starting the eviction process, you should be aware of their rights.
Rights of the Illegal Occupants
Yes, illegal occupants or squatters have rights too, and because of this, you cannot evict an illegal occupant even though you own the property. Because of this, the whole eviction process becomes lengthy and frustrating for the rightful property owner.
Squatter’s right is known as the “Adverse Possession,” which gives the illegal occupants the opportunity to become the property owner after living there for a certain number of years. According to this law, if the illegal occupant lives in a property for twenty years, they will become the real estate owner. However, this law can vary from state to state, and illegal occupants have to meet the following requirements to become a property owner.
Requirements for Squatters to Become an Owner
1. Physically Live in that Property
To become an owner, illegal occupants must live in a property physically. If they don’t hold the property and go elsewhere, they won’t be able to claim the property.
2. Must not Receive Permission from the Owner
Illegal occupants have to live in a property without the consent of the owner.
3. Must Maintain Residency for Certain Years
To become the owner of the property, illegal occupants must live in that property for seven to thirty years depending on the state. For example, in Georgia and New Jersey, squatters will have to stay in a property for 30 years or more while in Kansas and Tennessee, an illegal occupant only need to live on the property for 7 years to become a rightful owner.
4 Steps to Evict Illegal Occupants
1. Inform the Local Police
As soon as you find out that there are illegal occupants on your property, you should inform your local police and file a report. When you file a report against the illegal occupants, it’ll work as evidence that you tried to remove the squatters legally, not by using force. Besides, when you inform the police, the police will decide whether the illegal occupants are trespassers or squatters and proceed with the issue accordingly.
2. Write an Eviction Letter
After you have informed the police and confirmed that the illegal occupants are not trespassers, you’ll have to write an eviction letter. The main purpose of writing an eviction letter is to show the court that you have followed all the measures and instructed the squatters to leave the property.
3. File Lawsuit
If the illegal occupants refuse to leave your property, you’ll have to file a lawsuit against them. However, as the eviction lawsuit differs from state to state, you should hire an experienced attorney.
4. Remove the Possessions of Squatters
After receiving the verdict from the court, you’ll have to remove the illegal occupant’s possessions or furniture. But while removing the possessions, you should never use any force. Instead, you should wait for law enforcement to do their job.
Conclusion
Until the verdict comes in your favor, you shouldn’t cut utilities to your property. Also, keep a separate budget for hiring an eviction attorney.
