Resident or Squatter: A Comprehensive Guide for Property Managers

Resident or Squatter: A Comprehensive Guide for Property Managers

Navigating the complex situation of dealing with unauthorized occupants, trespassers, or squatters can be a daunting task for property managers. Understanding the legal nuances and knowing how to proceed can save time, money, and potential legal issues. This guide aims to provide clarity on this subject and offers practical advice for property managers.

1. Identifying the Occupant: Resident, Unauthorized Occupant, or Squatter?

When you discover an unknown person living in your property, identifying their status is crucial. They could be:

• A Resident: Someone who has a legal right to be on the premises.
• An Unauthorized Occupant: Someone claiming to be there with the resident’s permission.
• A Squatter or Trespasser: Someone with no legal right or permission to be there.

2. Engaging with Law Enforcement

If you believe the person is a trespasser or squatter, you may want to call the police. However, law enforcement often views these situations as civil matters, requiring an eviction process. Here’s what you need to know:

• Insist on Trespassing: If you are certain the person is a trespasser, be clear with law enforcement and provide evidence if possible.
• Cooperation from Law Enforcement: In some cases, law enforcement may assist in removing a true trespasser, especially if you have a good relationship with them.
• Avoid Self-Help Measures: Never attempt to remove the person yourself or through unlawful means, as this can lead to legal problems.

3. The Eviction Process

If law enforcement does not assist, you may need to begin the eviction process:

• Serve a Seven Day Notice of Noncompliance: This notice should be posted on the door, stating the violation of having an unauthorized occupant.
• Serve a Seven Day Notice of Termination: If the occupant remains after seven days, serve this notice to terminate the lease.
• File an Eviction: If the occupant still doesn’t leave, you can file an eviction.

4. Avoid Accepting Rent from the Individual

Accepting rent from the unauthorized occupant can create a manager/resident relationship without any written agreement. This can complicate the situation further, so it’s best to avoid this mistake.

5. Success in Eviction

Most squatters or trespassers will not fight the eviction. However, some may claim to have paid rent to the prior resident. While rare, it’s essential to follow the legal process to ensure success in eviction.

Conclusion: A Balanced Approach

Dealing with unauthorized occupants, squatters, or trespassers requires a careful and balanced approach. Understanding the legal landscape and following the proper procedures can help property managers handle these situations effectively.

Here are some key takeaways:

• Know the Difference: Understand the difference between a resident, unauthorized occupant, and squatter.
• Work with Law Enforcement: Build a good relationship with law enforcement and be clear if you believe the person is a trespasser.
• Follow Legal Procedures: Always follow the legal eviction process and avoid self-help measures.
• Consult with Legal Counsel: If in doubt, consult with an attorney to ensure you are following the correct legal procedures.

By adhering to these guidelines, property managers can navigate these complex situations with confidence and legal compliance.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney to understand the specific legal requirements applicable to your situation.