For landlords and real estate agents alike, squatters are a serious problem. While these unwanted occupants do not own, rent or have permission to be on the property, many states guarantee them rights, making them an unwelcome discovery. According to the New York Times, Las Vegas and Northern Nevada has been hit particularly hard by the housing crash and growing unemployment rate. With over 4,000 squatter complaints made to the Las Vegas Police Department last year (a 43% increase from 2014), this steep rise in cases has bred an increase in crime. While some squatters are simply homeless families looking for shelter, Lt. Nick Farese of Las Vegas’ Police Department stated that they “’have seen a direct correlation between squatter houses and crime – burglaries, theft, robberies, and narcotics.’”
With these suspicious individuals settling down illegally, these neighborhoods have become less secure, not only unsettling neighbors, but making it difficult to get new tenants to lease properties near the occupied home. It’s especially dangerous for the landlord or real estate agent of the squatted home as they usually don’t know that their property is occupied until they try to get into the rental. Unfortunately, these “turf wars” (as KSNV NBC Las Vegas coins it) between these residing intruders and landlords is not uncommon.
Although some squatters will simply leave after being asked by the landlord, some will not. In some cases the individual might even be able to obtain adverse possession of the property! Research your state’s squatter’s rights and check to make sure they unable to obtain adverse possession of your rental in your state. If you currently have someone residing in your rental, here’s what you should and should not do.
What You Should Do:
- Ask Them to Leave
In some cases, the unwelcome individual will simply leave after knowing that they’ve been discovered by the landlord. While this obviously isn’t fool-proof, it’s worth a shot. Why start the eviction process when you might not need to?
- Call the Police
If they won’t leave, then immediately call the police. While the police won’t forcibly remove the squatter, as it’s typically seen as a civil matter, a formal police report will look better in court. Plus if you see the individual doing anything illegal, you should report it to the police to further protect your property and the neighbors surrounding your rental.
If you live in Las Vegas, this new squatter’s law (AB 386) allows the authorities to arrest anyone who housebreaks, forcibly enters a vacant home without the owner’s consent, and performs unlawful re-entry. Violators can be charged a misdemeanor or felony. For the Las Vegas police to arrest the people residing illegally in your rental, you will need to show proof of ownership.
- Serve Notice & Start the Eviction Process
No one wants to deal with an eviction, especially over a squatter. That being said, this legal action is necessary to get your property back. If the residing intruder has a potential case for adverse possession, consider consulting a lawyer. Make sure you’re adhering to your state’s landlord-tenant laws when continuing.
- Legally Deal with their Abandoned Stuff
In many cases you’re going to find a lot of the squatter’s things abandoned in your rental. While your initial urge will be to throw everything away, it’s best to deal with it legally. This might mean storing their things in a storage locker (at their expense).
What You Should NOT Do:
- Provoke Them
While this might be common sense, it goes both ways. Don’t threaten or provoke your unwelcome tenants. Similarly, don’t let yourself be provoked. Violence, or threats of violence (both verbally and written), never look good and solve nothing. Avoid escalating the situation more than necessary whenever possible.
- Turn off the Utilities
Turning off the utilities does more physical harm to your property, than good. Even if the utilities are in your name, shutting them off is illegal. Most squatters will continue living in your rental regardless of whether the utilities are on or off anyway.
- Change the Locks
Just as if the squatter was a tenant, changing the locks is illegal. Moving their things (whether they seem like trash or not) while they are residing there is also illegal.
If you have squatters in your property, assume that evicting them is going to be a long, legal process. While some individuals will easily pack up after the eviction notice has been served, many will not and it will take money, time, and a lot of patience to have them removed. Maybe it’s time to fight for more landlord-friendly legislation in your state?
Have you had to evict a squatter before? How was your situation unique? Let us know your experience in the comments section below & be sure to subscribe!
12 Replies to “How to Handle Squatters”
You mean to tell me that I MUST, by law continue to provide, at my expense, gas water & electric in my name for someone thats not paying anything to live at my house? That can’t be right….& there is NO WAY would I do that. I would rather sit in jail then be forced to pay for all utilities in
Idiots being elected or appointed to public office.
Common sense says you should be able to hire private police to actually throw them out if they don’t leave. Say within two weeks.
Current law is so nutty it makes you feel we are living in some alien world.
No way should any govt official earn a wage for such rulings!!
It’s YOUR property. This is criminal theft. Not “civil”!!!
They lie, so they don’t have to deal with it.
Then poor people should be able to shoplift for needs and be left alone and be able to go home and never have to go to jail!
That then should be “civil” then also!
What if an elderly man without the ability to resist has several men come in and liv there & they steal his things while the elderly man is living there. What can be done by his family to protect him?
This is an oddly specific question for this article, but that would be less a squatter issue and more of a breaking and entering crime. If the homeowner was sound of mind and alerted family or authorities to take action then there shouldn’t be any protections intruders.
I’m a renter in the state of Missouri renting from a family member. The person who owned the property passed away two and a half years ago and the property is in the deceased name. However, his son is collecting the rent. He does little to maintain the building . I stopped paying rent. What are my rights?
Hi Denee` – That’s a difficult situation to be in. First I recommend, in writing, that you reach out to the son to request the high priority maintenance items he’s responsible for. It isn’t clear from your comments whether this was done, but trying to work with your current leaseholder and documenting it would be the ideal way to handle the situation. Since this is a family situation I also recommend reviewing your lease, if you signed one. There might be terms of your lease that clarify what the consequences are for not paying rent with how long you can remain on the property. If you have a lease, and it says the property owner is responsible for certain maintenance that isn’t being done, then the next recommendation is to consult with an attorney who specializes in property law.
I also looked up this helpful guide for landlord-tenant rights in Missouri that might have some additional guidance: https://ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf?sfvrsn=4%20
I need help with a squatters in my house that is not paying for anything just partying and shopping 🙃
Oh no, that sounds like a headache! Squatters’ rights laws and the process for removal varies based on city and state. If you’re serious about pursuing an eviction for your squatters, seek out local legal advice and look into your eviction rights. COVID-19 has unfortunately impacted eviction courts in many cities.
I also have a squatters problem. More than tow years ago I let a boy (18 yrs) stay in my sons’ room while the boys were away at school. I made it clear (I thought) that it was temporary, a chance for him to get on his own feet (and not be homeless anymore.) Two years later – he is still there, my own sons are living elsewhere bc they have no room, and now the young man is 21 and has a girlfriend moved in there w him. The boy does not work. many people have helped him find work, given him a job, etc. but he quits after a week or two. Now lays in bed (literally) all day, pays nothing, plays video games, that’s all. sometimes the gf buys pizza or whatever, but he also help[s himself to food in the pantry or fridge. I am on SS and have three dependents, cannot afford these squatters at all! Yes, I’ve started the eviction process, but have little hope of success. I am deaf and I fear I cannot well present in court.
WOW WHAT CAN I DO I SERVED MY SQUATTER WITH A 3 DAY NOTICE HIRED AN ATTORNEY WHO SERVED THEM WITH AN EJECTION ORDER GIVING THEM 20 MORE DAYS. IN THE MEAN TIME THE SQUATTER IS DESTROYING MY PROPERTY BLATANTLY APPLIANCES CUTTING WIRING OUT OF RESIDENCE TOTALLY DESTROYING MY PROPERTY HERE IN FLORIDA. AND POLICE SAY IT’S A CIVIL MATTER THAT I HAVE TO TAKE THEM TO COURT. BUT THEY HAVE NOTHING AND THIS IS GOING TO COST ME THOUSANDS OF DOLLARS.!!
My mom and her boyfriend moved into my house with the agreement of paying rent. I have served them a letter that I plan to move in and am giving them 60 days to leave. My mom is voluntarily leaving Sept 1st, 2021. Currently the electric and water are in her name. She stated she is turning them off cause she is not paying them when she moves. He stated he will not leave until he is evicted. Is my mom required to leave them on if she is no longer a tetnant? Are my required to turn them on in my name? The state is New Jersey. Thanks for any feedback.
I live in Missouri and the house across the street has 2 squatters that will not leave. The owner has started a eviction to get rid of them. The problem is they will not answer the door when the Sheriff knocks trying to serve them. Every day they don’t answer the door is the longer they are going to be in there. These laws should be changed to protect the owner. People are renting these homes that give someone a safe place to live. Instead it’s Screw the owner. No way I will let anyone stay a few days to help them out. I shouldn’t have to pay to get rid of a trespasser. Trespassing is a crime and punishment should follow for the trash across from us. Can’t even leave my house in fear of my home being burglarized. JUST FREAKING CRAZY !!!!!