At one time or another, landlords may have to manage squatters. Tenants overstaying their rentals may be easier for landlords to manage, but accurate squatters occupy properties for which they have no intention of paying rent. Active aid for landlords wanting to evict squatters is scarce, therefore the courts play a major part.
Discovering Squatting
For landlords, tenants overstaying leases is a simple fact of life. Often, landlords need to go to court to seek out eviction orders from non-paying and overstaying tenants, as well as squatters occupying their property. In California, landlords may go to superior court and file unlawful detainer lawsuits to deal with their overstaying tenant or squatter issues. Often, the best anti-squatting step for landlords would be to look for eviction immediately while also politely but firmly inviting the squatter to leave.
Starting the Procedure
States such as California prohibit landlords from utilizing “self-help” measures to acquire squatters out. Prohibited landlord self-help measures include shutting off utilities in a squatter’s title or physically removing squatters’ possessions. Landlords discovering squatters must immediately call the police, although law enforcement might be hesitant to become involved in landlord-squatter troubles. When police can’t help, landlords need to give squatters a formal “notice to quit” the premises and initiate the eviction process whilst also lawfully encouraging squatter self-removal.
Keeping Pressure
Landlords must maintain pressure on squatters if they hope to convince them to depart. Giving squatters formal notice to stop and then filing for court-ordered eviction is a good beginning, but more can be accomplished. Landlords immediately must report to the police any guessed squatter violations of law, like utility theft or possible drug dealing. Seeking surveillance help from neighbors round the property also can make squatters eager to depart.
Move-Out Money
Squatters moving into vacant properties may cost landlords time and money to evict. It could take a couple months for a landlord to acquire a squatter out, during that time the property is not generating revenue. Although unfair, landlords might think about paying squatters “move-out money.” Given the lost rent, court costs, and damages that typically accumulate because of squatting, paying squatters to move out might actually save landlords cash over the long run.
Caution
Squatters are working to take property that doesn’t belong to them, meaning their concern for the law may not be high. Getting into a physical confrontation with property squatters is never wise. Landlords must calmly, firmly and always utilize all lawful means at their disposal to convince squatters to depart. Last, avoidance is the most effective anti-squatting measure of all of, therefore landlords need to secure and observe their properties, especially when they’re vacant.