As stories of “squatters” in which strangers move onto American homeowners’ property and refuse to leave are on the rise, experts say they are trying to avoid costly legal proceedings by making sure vacant properties are occupied. We are calling on residents to take precautionary measures.
Jim Gray, a New York-based real estate expert, told Fox News Digital that he has seen firsthand how squatter situations can escalate from a nuisance to a recurring nightmare for well-intentioned homeowners. He said he came.
In his opinion, the best offense is always a good defense.
On the first day, owners must establish clear signs of occupancy or take security measures. This includes avoiding obvious signs of human presence, such as closing curtains irregularly, installing smart home security systems, and the accumulation of trash and mail.
Property owners can also talk to their local law enforcement agencies and request regular vehicle patrols, Gray recommended.
“Vacant homes represent a blank canvas, ripe for plunder, inviting unscrupulous intruders like moths into an unsuspecting flame,” Gray said.
Raleigh Realty owner Ryan Fitzgerald told FOX News Digital that the alarming trend of squatters taking over vacant properties “poses a real risk to homeowners.”
Fitzgerald said homeowners should place signs in windows, install timed indoor lighting and walk through the property at least every other week or more.
“The sooner you notice signs of a broken lock or break-in, the sooner you can respond,” he said.
Unfortunately, even the most proactive homeowner can be left scrambling for solutions when squatters invade their property.
Following several high-profile stories about squatters, Republican Governor Ron DeSantis of Florida signs a bill that disenfranchises squatters in the Sunshine State and increases penalties for violators. I urged them to do so.
The White House has also spoken out about the squatting trend, calling it a “local problem” that local governments should address.
One of the most recent stories concerns eight immigrants arrested by the Department of Homeland Security in connection with New York City housing trespassing, drug and gun control.
A Dallas-area woman also spoke out after squatters allegedly ransacked her home and sold her belongings while she was caring for a family member in another state.
Fitzgerald urged property owners to take dated photos and videos showing unauthorized access or occupancy, and to contact law enforcement to formally report the illegal occupation.
Although tedious, legal evictions may be necessary to remove squatters who assert “tenant’s rights,” Fitzgerald said.
“I once had a client who was renovating a house and the property was taken over by squatters who were using the property for drug dealing. and it was expensive,” Fitzgerald said.
“However, our careful documentation allowed law enforcement to remove the bad guys and our clients to get their property back. Extreme cases are rare, but homeowners should always remain vigilant. is important,” he continued.
Attorney Stephen Katz specializes in real estate litigation and has experience in eviction court, where property owners go to court to evict squatters.
Laws governing squatter rights are handled at the state level and are not uniform across the country. Katz said it’s important to realize there’s a big legal difference between a trespasser and a squatter.
“In general, a squatter is someone who stays on your property for an extended period of time, rather than just someone who trespasses on your property. In other words, if someone trespasses on your property, you should immediately call the police. I want you to call and have that person removed as a trespasser,” he said.
Legally speaking, squatters in many places are no different than pending tenants whose leases have expired but refuse to leave, Katz said. They are no different than tenants who stop paying rent.
Katz said that if a homeowner discovers a squatter on their property, all they have to do is give them three days’ notice to vacate the property and then file a formal eviction proceeding in court. Ta. If the owner is successful, he or she can apply for a “red tag,” which allows a bailiff or sheriff to force the squatter to evict.
Mr. Gray noted that in many states, the burden of proof typically lies on the owner to prove a claim to the property in question.
Squatters can obtain certain legal rights under certain conditions, such as continuous occupation for a period of time, usually between five and 20 years, depending on the state.
“For this reason, it is imperative to secure legal counsel promptly to properly begin the formal eviction process. Additionally, under no circumstances should owners attempt confrontational ‘self-help’ eviction tactics.” , because this often strengthens the tenant’s legal position,” he added.
The situation can become even more uncertain if tenants are able to establish residency by performing basic housing tasks such as cooking, cleaning, or receiving mail. Gray said this typically results in courts granting longer eviction notice periods and due process scrutiny.
Squatters may also be at risk of being charged with trespassing if they appear to have established a residence prior to eviction.
“However, if the situation escalates into outright robbery, vandalism, or other criminal activity, the squatter loses sympathetic consideration. At that point, a promptly obtained temporary restraining order and local “Injunctive relief from law enforcement is an essential tool for owners to quickly regain possession,” Gray said.
He also urged homeowners to document everything, work closely with their legal representatives and be “firm but sensitive” when law enforcement ultimately carries out the removal. I advised.
“Even though we won, a scorched-earth result doesn’t help anyone,” Gray said.
