How to Remove and Avoid Serial Squatters

In a perfect world, the only tenants you’ll have to deal with are the paying renters who live in your property legally. However, this isn’t always the case. Sometimes, individuals may occupy one of your rental properties without your permission. These individuals are often referred to as serial squatters.

Discovering squatters in one of your vacant properties can be extraordinarily stressful. Fortunately, there are several steps you can take to address the situation while respecting squatters’ rights.

Serial squatters pose a significant challenge for property owners and landlords alike, and addressing them requires a proactive and educated approach. Let’s discuss the definition of a serial squatter, walk through strategies to remove squatters, and provide tips on how to avoid falling victim to their various schemes.

Quick Insights

• Serial squatters move from one property to another without ever becoming legal tenants.
• They often target landlords who don’t require leases or conduct proper background checks.
• Legal eviction is the only way to remove a serial squatter; never attempt self-help methods.
• Consulting an attorney and filing for a court order are important steps in the removal process.
• Prevent squatting by keeping vacant units secure with locks, cameras, and regular inspections.
• A rigorous screening process that checks rental history, credit, and references reduces risk.
• Document everything from lease terms to communication and incidents to protect your case.
• Act quickly when squatting is suspected to avoid long-term legal and financial issues.

What is a Serial Squatter?

Serial squatters are individuals who move from one rental property to another without ever becoming a legal tenant. More often than not, they tend to target small, independent landlords (or roommates) who don’t require leases or conduct thorough background checks.

In other words, serial squatting involves individuals deliberately occupying rental units without legal rights, often abusing legal loopholes or taking advantage of laid-back (or careless) property management. This can result in apartment damage, financial loss, and legal issues for landlords. Knowing the signs of serial squatting is essential to take swift action.

How to Get Rid of Serial Squatters

Before taking immediate and aggressive action, it’s critical to understand your rights as a landlord. Educate yourself about local eviction laws and regulations, as they vary by geographic area. Being acquainted with the legal framework can empower you to navigate the situation more effectively.

Here are some additional tips to keep top of mind;

• Get legal advice. Consult with a legal professional who specializes in property law. They can offer tips, strategies, and proper guidance on the best course of action, ensuring you abide by all legal requirements.
• If – and when – necessary, obtain a court order. In some jurisdictions, obtaining a court order is a crucial step for the lawful eviction of serial squatters. Work with your lawyer to secure the appropriate court orders. This includes documents like eviction notices or possession orders to help you regain control of your property.

How to Avoid Serial Squatters

For starters, always document everything related to your rental properties. Most experts agree that detailed and thorough documentation is crucial to building a strong enough case against serial squatters.

Also, keep records of all lease agreements, tenant communication, eviction notices, or related incidents. This can be valuable and critical evidence in legal proceedings.

Secure Your Unoccupied Properties. One of the easiest ways to prevent serial squatters from occupying your property is by implementing effective security measures. Consider installing durable locks, alarm systems, and security cameras to frighten off potential squatters.

Inspect and Maintain Vacant Properties Regularly. Ensure your properties are not alluring targets for serial squatters by performing regular inspections. Another tip: Identify any signs of unlawful occupation and communicate with neighbors to encourage them to report any suspicious activities.

Screen Renters Methodically. Employ a rigorous tenant screening process, which involves checking rental history, references, and credit reports to assess a prospective tenant’s reliability. This strategy can significantly reduce the risk of serial squatters nesting in your properties.

Use a Property Management Service. Enlist the help of professional property management services to watch over your properties. These professionals are well-trained to conduct regular unit inspections, address tenant-related issues, and ensure properties are well-maintained.

Squatter’s Rights You Should Be Aware Of

Landlords often struggle to comprehend that individuals who unlawfully occupy a property cannot simply be removed at the whim of the property owner. These individuals possess what is commonly referred to as squatters’ rights, which allow them to reside on a property without the owner’s consent, provided they have not been served with an official eviction notice.

In fact, in many states, squatters can even assert legal ownership of a property through a legal concept known as adverse possession. For instance, in the state of New York, squatters’ rights can be set up in as little as 30 days. With this in mind, landlords must act immediately once they discover serial squatters living in one of their vacant units.

Still confused? Here’s some background to better understand the situation.

Squatters’ rights were established to protect urban residents seeking affordable housing. These rights allowed people to settle in abandoned homes that were not being used. The purpose of these rights has been to deter the use of vigilante justice, or in layman’s terms, to prevent landlords from taking matters into their own hands and removing squatters on their own. Unfortunately, when landlords handle it without the proper support, it often ends badly and sometimes becomes dangerous.

So, what rights do squatters have? Serial squatters have the right not to be forcibly removed from a property without advance notice. In most cases, state regulations require landlords to provide eviction notices to unauthorized tenants in the same manner as they would to tenants who have signed leases.

At the end of the day, the main factor to keep in mind regarding serial squatters’ rights is that the squatters must have the chance to undergo their own eviction process. Without adhering to this process, a landlord’s legal claim can be weakened when presented in court.

The Bottom Line

Handling serial squatter encounters requires a strategic blend of legal expertise, proactive measures, and effective communication.

When landlords and property managers understand their rights, it can only help protect properties and reduce the risk of falling prey to serial squatters. The key is to stay vigilant, stay informed, and take essential steps to safeguard your property.

Ready to protect your properties?

Chat with our sales team to learn about our comprehensive fraud solution

Let’s Talk