In many parts of the United States, the process of removing squatters from your property requires filing a lawsuit and going to court.
In a squatter’s case, it’s best to contact a landlord-tenant attorney because they know the law best, Jeron Kelly, a partner at the Boca Raton, Fla., law firm Kelly & Grant, said in a phone interview.
The first step in approaching the legal process to remove squatters is to become familiar with the laws in your state. Contact a local attorney who specializes in real estate litigation to gain knowledge and expertise on how to handle your specific situation.
Contacting a local attorney can help you determine what type of case you have.
In many squatter cases across the country, homeowners must go through the courts to remove them. (iStock)
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A true squatter does not have a valid lease and has not paid any money to the owner, so he or she does not belong to a legitimate landlord-tenant relationship.
In some states, such as Florida, a bill recently signed by Governor Ron DeSantis makes it easier for law enforcement officials to remove squatters from private property without going through the courts in many circumstances.
Florida law “makes it easier for landlords to call police in certain circumstances where the property is not open to the public and the renter is not a tenant, and in many cases police can evict them without filing a trespass lawsuit,” Kelly said.
A Florida landlord evicted squatters a year ago, and her story led to the passage of a homeowner protection bill.
In Florida, “unlawful occupation” is a type of lawsuit. [that] “It’s separate from landlord-tenant law,” Kelly explained.
Jerron Kelley of Kelley & Grant PA in Boca Raton, Fla., says that while a squatter’s case doesn’t constitute a proper landlord-tenant relationship, it’s best to contact a landlord-tenant attorney, as attorneys with this background will have the most insight into these types of cases. (Jeff Greenberg/Universal Images Group via Getty Images)
There are many other states across the country, including Arizona and California, that have similar unlawful occupation lawsuits filed, and consulting with a competent local attorney can help you determine the laws in your state.
While there are many differences in the laws from state to state, there are some aspects of the law that homeowners can expect no matter where they live.
“In any type of lawsuit, the defendant has the right to fight it,” Kelly said. “That’s true in all 50 states. It’s just part of the litigation process.”
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“What happens and how long it takes for cases to be resolved depends on the state they’re in and the laws and how quickly the judges and courts move those cases through the system,” Kelly said.
However, in many cases, squatters choose not to appear in court, but rather continue to live in the property while the case progresses.
“In many cases, they did not contest the lawsuit or file a corresponding answer,” Kelly said of the squatters.
Squatter laws vary from state to state. In some states, such as Florida, it is easier for homeowners to have law enforcement remove squatters from their property without going through court. (iStock)
In a very general sense, what you can expect in a court proceeding to remove a squatter is that the homeowner will file a lawsuit and have it heard to the end until a final decision is made by a judge.
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Kelly said once the homeowner has possession, police officers or sheriffs can come at that point and evict residents if they are still living on the property.
