If a squatter has invaded someone's home, in many states it can be costly and time-consuming to remove them.
Each state has its own squatter laws, and consulting with an attorney who specializes in landlord-tenant disputes can help you understand the laws in your state and the best course of action.
One option homeowners often consider is eviction on their own.
New York attorney Daniel P. Phillips spoke to Fox News Digital about self-help evictions. (Getty Images)
Security measures, technologies, and other devices you can use to protect your home from squatters
“A self-initiated eviction is when a landlord removes a tenant, occupant or squatter from an apartment or building without using the courts or judicial process,” Daniel P. Phillips, a real estate litigation partner at Belkin Baden & Goldman in New York, told Fox News Digital in a call.
There are a number of measures you can take to remove it yourself, such as changing the locks and turning off the heat, electricity and water.
In a squatter situation, the homeowner may choose to lock the squatters out or cut off utility services.
Self-eviction is illegal in most states, and laws and consequences vary from state to state.
Self-eviction is a risky move for landlords. (iStock)
A Florida landlord evicted squatters a year ago, and her story led to the passage of legislation to protect homeowners.
For squatters, self-eviction is even more complicated.
“In a squatter situation, [New York] “The law actually allows that, because the law says you can't help yourself if someone is lawfully occupying the property, and squatters are not lawfully occupying the property,” Phillips explained.
In New York, landlords can choose to go the self-help route to evict squatters, but that's not an approach Phillips recommends.
In court, squatters could argue they were illegally barred from the property. If the court determines the squatters weren't properly evicted, the landlord could be prosecuted, Phillips explained.
Squatter cases often end up in court and can take months to resolve. (iStock)
Alabama real estate agent shocked when squatter greets her and potential buyers during home viewing
“We don't typically recommend or advise self-help given the serious consequences involved. Nothing is usually very clear and defined. And courts don't typically support self-help,” Phillips explained.
“There are several grounds in the law to argue that you don't have to provide essential services to squatters. It's all open to litigation,” Phillips said.
“The problem is there's sometimes some ambiguity about whether someone is actually a squatter or has any right of occupancy,” Phillips said.
Many squatters are familiar with the laws of the state in which they live and often have fake documents proving their residency.
“If someone has lawfully occupied an apartment or a building for more than 30 days, the law basically says they cannot be evicted without a judicial process,” Phillips said of New York.
“Squatters are very sophisticated,” Phillips told Fox News Digital, saying they often create false documents. (iStock)
Experts say homeowners displaced by squatters can develop mental and physical illnesses
“In my opinion, with squatters, it doesn't matter how long the person has lived there because they can't meet the requirement of being there legally,” Phillips said, “but again, these squatters are very clever and will make up fake leases and fake stories that someone let them in or that the landlord let them in.”
Phillips explained that when this happens, a court case usually follows, during which the squatters are often allowed to continue living on the property.
Phillips said the first thing to do with a squatter is to call police and have proof of ownership ready, adding that having a video surveillance system can also help.
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If police are unable to remove the squatters, consulting with an attorney in your state can help you determine the next steps to take.
