Several times a week, we get requests to investigate a squatter situation at a property, and for security reasons, we have to be armed just in case the prospective squatter is a danger to us.
But to speak to the legalities of this, one has to assess the situation clearly & respectfully…
Are they a tenant that stated they moved out and never actually did?
Is there evidence of their move out?
If they are indeed a squatter, are they going to be resistant to leaving or actually have a conscious and leave then & there?
These sorts of matters need to be addressed sooner than later, because the longer you wait…The more options that they have to convince an officer not to remove them. Particularly when they are egregiously lying or know the particulars about gaming the system.
One clear way to legally create a path to removing them and/or having them arrested for trespassing, is if they simply broke into the property.
This is why it’s key to record just about any visit you make to a property to prove that it was secured the last time you were there, and on this squatter visit, you can show a window is broken or the like. This way, you have key evidence if it even goes down a legal route to show that this person does not belong here.
As a general rule, you want to try to do the 1st visit to deal with this within 7 days max of hearing that there is a squatter in your property.
This is also why it’s key to know the phone number to your neighbors. They can let you know if they see anything weird while a property is supposed to be vacant…Security systems are another alternative but you’re looking at a few hundred dollars to install that properly & safely.
To conclude, it’s important that if you are lenient with this person…Be sure to be clear about the consequences about them returning ending with criminal trespass charges & arrest.
Stay Safe Out There!
Ivan Alfaro
Pay or Pack
