How To Remove Squatters From My Property?

The correct procedure to eliminate squatters needs essential steps for landlords to follow.

A vacant property obtains legal complication status when squatters establish occupancy within a short time. The way house squatting occurs concerns property owners who also want to know how to avoid squatters and can a squatter take over their house. This guide is here to help. 

This guide will show you the lawful steps for delivering eviction notices to squatters followed by how you should evict a squatter combined with effective methods to remove squatters while upholding your property owner rights. Emlak Homes this blog also includes a sample of eviction notices for squatters. 

What is House Squatting?

A house becomes the habitat of an unauthorized person through house squatting. A casual trespasser violates your property but differs from squatters as they make their home on your property leaving behind personal items with intent to claim rights by adverse possession. Quick action becomes essential because of this situation. The prolonged tenure of squatters can create adverse possession scenarios that might result in them gaining ownership of your home. House squatting can be a serious issue for house owners therefore it should be addressed with proper attention.

Can A Squatter Take Over Your House?

Yes, but only under strict conditions. Under specific jurisdiction laws, squatters might gain legal ownership of a property when they stay enough time to satisfy adverse possession criteria consisting of continuous hostile and open possession requirements. 

Taking prompt action constitutes the critical factor that stops squatters from obtaining legal rights. The legal process of adverse possession grants ownership rights to squatters who fulfill four specific criteria including open occupation and continued residence coupled with payment of property taxes in some jurisdictions. A squatter can take over your house if they:

• Show your presence on the property openly and never conceal your activities on the property.
• Property occupants must remain on the land for the legally required amount of time specified by their state. In NYC it is 10 years.
• State laws require residents to pay property taxes before adverse possession laws apply.
• Hostile possession (without the owner’s consent).

Legal Considerations and Squatters’ Rights

Before taking action know how laws shape this situation.

• The law of Adverse Possession grants squatters the right to acquire legal property title when they occupy without objection for specific legal timeframes that match continuous, open, and hostile criteria.
• If squatters remain unlawfully on your property then they can acquire legal claims through a correct eviction process.
• No matter what you do, never try to remove squatters on your own by switching locks, disconnecting utilities, or physically forcing them away since these methods are illegal. Unlawful actions toward squatters often produce negative results.
• Property protection requires proper formal eviction procedures because following official methods prevents legal exposure.

How To Evict a Squatter: Step-by-Step Process

Step 1: Verify the Occupancy

Check if the person occupying your property fits the definition of either a squatter or a former tenant with legal privileges to stay. Document the evidence of the occupancy through photographs of possessions and property maintenance confirms the absence of active residents.

Step 2: Contact Law Enforcement

You must contact the police to report any unauthorized person occupying your property. Squatters need court authorization to evict them while police officers can remove immediate trespassers without delay. Create permanent files for documentation that includes all communication records and police report documentation which serves as evidence for future case support.

Step 3: Legal Documentation

The third step requires issuing legal documentation to tenancy invaders known as squatters. Created notice requires drafting a legal eviction notice that establishes the illegitimate residency and provides a date for property clearance. The notice needs to conform to all local legal specifications including both notice format and length of time allowed for when the documents have to be served. The legal delivery of the notice must be done through certified mail or a different approved method.

Step 4: File an Eviction Lawsuit

Filing an eviction lawsuit at your local court becomes necessary when squatters do not honor the deadline for leaving the property. During the lawsuit prepare documents that include proof of ownership and delivery receipts for the eviction notice and occupancy records of the squatter. Stay physically present in all scheduled court hearings while carrying out any necessary legal requirements.

Step 5: Enforce the Court Order

You should get a writ of possession once the court gives you favorable judgment. Coordinate with law enforcement such as the sheriff or marshal to carry out the necessary eviction procedure to remove the squatter from the property.

Alternative Option: Cash for Keys

A voluntary departure can be triggered through cash payments to squatters who consent to leave. Document any agreement in writing so disputes can be avoided in case you adopt this approach.

Sample For Eviction Notice For Squatters

[Your Name or Company Name]

[Your Address]

[City, State, Zip Code]

Phone: [Your Phone Number]

Email: [Your Email Address]

Date: [Insert Date]

This Notice serves to inform the unauthorized occupant of the property about the required vacate order.

To:

[Occupant Name(s) or “Unlawful Occupant(s)”]

The property located at [Insert Property Address] New York, New York exists as its address.

Dear Occupant(s),

An official demand requires you to leave the premises situated at the stated address with immediate effect. The law of New York State recognizes your unauthorized possession of this property as unlawful trespass.

The time limit to vacate the premises expires on the specified [Vacate Date which should fall at least ten days after this notice]. The failure to vacate by this specific date will trigger legal action that contains both an unlawful detainer lawsuit and a court-ordered eviction to recover your trespass and other expenses stemming from the unauthorized stay.

The laws of New York Real Property Law together with local statutes deny you any right to stay on this property. The legal procedures demand strict compliance with this notice to quit. Your noncompliance with this notice could trigger instant legal measures without warning.

Sincerely,

[Your Signature]

[Your Printed Name]

Disclaimer:

This eviction notice for squatters contains general informational content but should not be taken as a legal recommendation. Expert legal advice from an attorney who understands New York landlord-tenant law must be sought before preparing a notice because it will guarantee full legal compliance.

How to Avoid Squatters?

The practice of prevention always proves more effective than waiting for treatment. Preventing squatter takeover of your property starts with executing the following defensive measures:

1- Protection of Your Property

Protection of your property requires regular locking of all doors window entries and additional points of entry. Highly secure deadbolts together with smart locks should be installed as part of your prevention plan.

2- Security systems 

Security systems including security cameras along with alarm systems should be installed for property monitoring. The presence of visible cameras provides an effective defense strategy.

3- Systematic checks

Property owners must organize systematic checks specifically for unfilled properties and real estate with long stretches of occupation.

4- Place “No Trespassing” sign

Place “No Trespassing” signage across the property to let trespassers know the area is private territory watched by monitoring systems. Make friends with nearby neighbors to develop a watch system that monitors your property against suspicious incidents.

The steps mentioned here lower your chances of experiencing house squatting while maintaining the security of your property.

Need Expert Assistance?

Contact Emlak Homes to receive assistance both in dealing with squatters and for protecting your property. The professional staff at Emlak Homes will guide you throughout the entire process. Emlak Homes stands devoted to defending investors’ property value. The correct and timely execution of the previously outlined legal procedures enables you to regain custody of your property while stopping squatters from building permanent obligations to your asset. Contact us today!

How to Get Rid of Squatters: Final Thoughts

Getting rid of a property from squatters demands implementation planning and deep knowledge of the lawful eviction standards. Getting rid of house squatting requires both effective methods to prevent such situations and quick appropriate legal measures through proper service of eviction notices. For proper and legal squatter eviction you must work with a real estate attorney who specializes in landlord-tenant laws in your area.

Frequently Asked Questions (FAQ)