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Squatter's vs. Owner's Rights

By
Real Estate Technology with Rentec Direct

Before working for Rentec Direct, I spent a spell of time buying delapidated homes, fixing them up and selling them.  You know, like all of us did in the earlier part of this millenium.   Luckily, I never was faced with a squatter on my own properties, as I made it a point to be inside them weekly.  However, before that, I worked in property management, and with the hundreds of rentals I managed, every once in a while, we'd end up with someone who had decided to sneak into one of the vacant rentals and setup home.  We typically found them after a couple of weeks of breaking an entry and with the help of local police, we convinced them to get out without too much trouble.   We had a procedure of inspecting every vacant unit at least once per month as well as calling to verify utilities were in our name monthly until legal occupancy.  I required my employees submit weekly records of the verification of these steps and for the most part, I think it helped deter squatters. The times we faced real squatter challenges were when occuppied legal tenants would sneak in their friends and sublet space for their flopping friends.  In those instances, we would end up in an eviction battle if they failed to meet the terms of tenancy or qualified as a legit tenant.  

In the news last week I watched a story of a Portland home owner who had bought a home to remodel, it had sat vacant for some time and unbeknowst to him, squatters had quietly moved in, changed the locks, set up utilities and refused to vacate when confronted.  He now faces court costs and down time and possibly more damages to his home as he works to get legal assistance to reclaim his own home.  

In a quick search, I found that there was a website for Portland Squatters... yes, a website dedicated to helping people learn how to squat on land/homes that isn't their own, including tips for searching out forclosures and how to research helpful information with the assessor's office.  Unbelieveable!  And clever.

Each state and country has it's own laws surrounding Squatter's right but most defer to the process of "adverse possession." In some place, it may involve occupying an abandoned property for a certain period of time and/or paying the property taxes that the property owner failed to pay.  In California, for example, you need to pay property tax for 5 years and have "cultivated or improved" the property to receive ownership. Your possession of the premises must generally also be visible and obvious. 

Have any of you had an experience with squatters in your rentals or real estate listings?  I sure hope not but would love to hear about your experience and what it took to resolve the problem.

 

                                                                              

Janell is a member of Rentec Direct, a web-based property management software program designed to help streamline tenant screening and the day-to-day operations of landlords and property managers.

David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

Unfortunately YES. I had bought a property that the people told me their son lived in it and would move. Of course he didnt, had to evict him, stole as much of the copper plumbing as he could due to his crack habit and was a horrible experience

Aug 27, 2014 09:31 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Intersting how the court system works sometimes. Think it is a who you know situation. Better to hire an in crowd attorney that walk an eviction thru. Having the sheriff stop by is always a good idea also.

Aug 27, 2014 09:41 AM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Janell: It takes alot of disdain for other people's property to think you can steal from them. Squatting is a form of theft. Unfortunately, once a squatter has set-up shop, police seem unwilling to eject the squatters without a court order. Then the squatter has plenty of time to gut the residence and disappear into the night and do it all over again to someone else. Know any big burly bikers? That's the best remedy to a squatter situation.

Aug 27, 2014 10:19 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Janell

We have had issues with squatters in Florida also.

Thanks for sharing an informative post.

Good luck and success.

Lou Ludwig

Aug 27, 2014 10:33 AM
Debbie Malone
Londeree's Real Estate & Property Management - Lynchburg, VA
From Lynchburg To The Lake (434) 546-0369

Thankfully no but I certainly wouldn't close on a property with a 'tenant' I didn't want. This is a huge problem in England, go away for a vaca and you might come home to someone living in your house, and they have rights. It's whacked!!!

Aug 27, 2014 12:27 PM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Janell,  I have not experienced any of my own, but have shown properties, that it was obvious someone was living there, but they weren't there while I was showing the home.

Aug 29, 2014 10:34 AM
Janell Kittleson
Rentec Direct - Grants Pass, OR
Rentec Direct

Oh David, that's terrible!  What a pain that must have been... and expensive.  

Burley Bikers... love it!

I had no idea that someone could end up owning a home from squatting - just unbelievable and inconscionable.  

Sep 02, 2014 04:59 AM