You go out of town for a couple of weeks and come back to find your house occupied by someone you did not authorize to live in it. Take a deep breath. It is not the end of the world. You have several different options. You have a right to be angry, but after the anger, you have to act.
What The Law Says
First, you need to get basic knowledge of the law about squatters’ rights in your state. In Texas, for example, the property owner cannot call the police to have them removed. In some states, you can call the police for help. Your safest way to proceed is through an attorney who specializes in evictions.
Before hiring any lawyer, interview the attorney by telephone to see if you feel comfortable with that law firm representing you. The lawyer should not charge you for the prospective phone call. Each evictions attorney will:
- Explain the process for your particular state
- Describe the time needed to evict the squatters
- What the attorney fee structure is
For everyone who has to go through the eviction process, what follows are other ideas that the attorney may not advise.
Decision Time
Do you want to fight on principle or do you want to get the squatters out as quick as possible? Everyone has different circumstances and will take different routes to recovering their property.
Start by knocking on the door of your own home, because the squatters probably changed the locks. Inform the squatters that you are the owner of the property. Set an time for them to vacate, informing them you expect them out by that time. This leaves two choices: they vacate by the time you set, or they stay.
If, when you return, they moved out, then congratulations to you on a smooth process.
If, when you return, they are still residing in your home, you have some financial calculations to consider. You have a mortgage to pay; you have to find someplace to live. In round figures, imagine paying $1,000 a month in mortgage payments and $1,000 for temporary housing. If you own the property as an investment, lawyer’s eviction fees may be another $1,000. So you may have to put out $3,000 in short order.
Offer the squatters $500 to be gone within 24 hours, contingent on them being out (no money until they are gone). You could offer a different enticement:
- $1,500 to be gone in 12 hours
- $1,400 to be gone in 24 hours
- $1,300 to be gone in 48 hours
- $1,200 to be gone in 72 hours
Continue shaving $100 for every day they remain. That is not your only action, however. On the same day you approach the squatters, meet with an eviction company to have a first notice sent to the squatters.
Return to your property the following day and either present another offer or remind them you are shaving money off the standing offer. Have everything in writing to protect yourself.
An alternative to outright cash is some practical help:
- One night’s hotel stay
- A moving company to clear their belongings from your property
Crunch your numbers and see what works for you. If the squatters decline everything, and assuming you live in a state in which you cannot call for police intervention, continue with the eviction process, for as long as it may take. In Texas, for example, evictions may take between 45 and 60 days.
Document Everything
The first day you plan to offer the squatters money, bring a document that explains when they need to move out and how much you will pay if they move out on that given day. During the process, take notes and document everything.
If the squatters decide to take the cash and move out within the 24 or 48 hours, have them sign the document stating they have moved out and all of their items have been removed from the property. Ask to see photo IDs so you know who they are, and that they are signing their real names. Only then should you give them any money. Otherwise, they could make up a story accusing you of throwing out their precious diamonds and valuable family heirlooms before they had a chance to claim their belongings.
Even if no cash is offered, have them sign the same document. Imagine they are two weeks away from forcible eviction; they move out but will not sign any documents. You have to proceed with the eviction and call the constables to prevent a future lawsuit.
When the squatters have moved out, no matter how they move, take photographs of everything and everyone. Use your smart phone’s date time stamp to take pictures of them signing the documents, too, for added security.
How to Prevent Squatters
Most property owners do not worry about squatters; the issue does not happen often. If you are concerned, you can take a few steps to prevent future squatters.
For investment property, keep them vacant for as little time as possible. Squatters are unlikely to force their way into occupied property. Install camera systems that will alert you when someone is on your property. Ask neighbors or neighboring businesses to call you if they see anyone on your property while you are away. Keep the property tidy so squatters know it is watched over and maintained regularly.
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