10 Legal Ways to Get Rid of Squatters

As a real estate investor, you’ve likely come across some challenges when dealing with vacant properties. One of the most frustrating and costly issues? Squatters. These uninvited guests can settle into a property and cause major headaches for property owners looking to flip, rent, or sell. If you’ve found yourself in a situation where squatters have taken residence in one of your investment properties, you’re not alone. The good news is that there are legal ways to handle squatters and reclaim your property. In this article, we’ll explore 10 strategies that real estate investors and wholesalers can use to remove squatters legally and efficiently—without putting yourself in a risky legal bind. But before we dive in, remember: when it comes to legal matters, especially when squatters are involved, always consult with an attorney. The laws around squatting can vary from state to state, and an attorney will be able to guide you through the specific legal steps in your area. Let’s explore your options for getting your property back on track and ready for the market, whether you’re rehabbing, flipping, or preparing it for a new tenant 1. Contact Local Law Enforcement 2. Serve an Eviction Notice 3. File a Lawsuit for Unlawful Detainer 4. Prove That the Squatter Does Not Have Legal Claim 5. Change the Locks 6. Offer a Cash-for-Keys Agreement 7. Provide a Written Notice to Vacate 8. Use a Property Management Company 9. Utilize a Locksmith 10. Secure the Property with Fencing or Barriers

How to find great rental deals

Go direct to seller using our proven investor handwritten mailers!

1. Contact Local Law Enforcement

One of the first steps you can take when dealing with squatters is to contact local law enforcement. In many areas, squatters are considered trespassers, which means they are occupying a property without the owner’s permission. This makes them subject to removal by law enforcement. When you contact the police, they can come to the property to assess the situation and determine whether the squatters are breaking any laws. If the squatters are indeed trespassing, law enforcement can assist in removing them. However, this may not always be an immediate process, as it depends on the local laws and how law enforcement interprets the situation. In some cases, police might give squatters a warning or a short period to vacate the property. In others, they may remove the squatters right away. However, if the squatters argue they have a legal claim, such as adverse possession or if they’ve been living there for a certain period, it may require further legal action or involvement from the courts. Before calling law enforcement, it’s important to have documentation proving that you are the rightful property owner, such as a deed or title. Be sure to also check the specific laws in your area, as different jurisdictions have varying policies on how squatters should be handled by the police.

2. Serve an Eviction Notice

Serving an eviction notice is a critical step in legally removing squatters from your property. Just as you would with tenants, an eviction notice informs the squatters that they must vacate the property within a certain time frame. This is a formal document that starts the legal process of removal and establishes a clear deadline for the squatters to leave. In most cases, the eviction notice will give the squatters a specific number of days—usually anywhere from 3 to 30 days—depending on local laws. The notice should outline the reason for the eviction, which in this case is that they are occupying the property without permission. To serve the eviction notice, you must follow your state’s legal procedure. This often involves delivering the notice in person or posting it at the property, and in some cases, sending it via certified mail. Make sure to check the local requirements to ensure the notice is valid. If the squatters fail to comply with the eviction notice, you can then proceed with legal action, such as filing a lawsuit for unlawful detainer (which we’ll cover later). Serving an eviction notice is a crucial step in showing that you've attempted to resolve the situation legally, which can help protect your interests down the road. Always consult with an attorney to ensure the eviction process is done properly and legally in your jurisdiction.

3. File a Lawsuit for Unlawful Detainer

If squatters refuse to leave after being served an eviction notice, the next step is to file a lawsuit for unlawful detainer. This legal action asks the court to intervene and determine whether the squatters can legally remain on the property. In most cases, the court will rule in favor of the property owner, allowing the eviction to proceed. To begin the process, you’ll need to file a complaint with the court, providing evidence that the squatters have no legal right to be on the property. This may include proof of ownership, such as a deed or title, as well as any documentation that shows the squatters are not tenants or have not made any legitimate claim to the property. Once the lawsuit is filed, the court will schedule a hearing, and both you and the squatters will have the opportunity to present your case. If the court rules in your favor, they will issue an order for the squatters to leave, and law enforcement may assist in removing them if necessary. Filing a lawsuit for unlawful detainer can take time and often involves court fees, but it’s a necessary legal step if the squatters are refusing to vacate the property. Always consult with an attorney to ensure you follow the correct legal procedures and avoid potential setbacks.

4. Prove That the Squatter Does Not Have Legal Claim

In some cases, squatters may try to claim "adverse possession," arguing that they’ve lived in the property for a long period and therefore have a legal right to it. To counter this, you must prove that the squatter does not have a legal claim to the property. This may include showing that they have not occupied the property for the required duration or that they have not met the other criteria for adverse possession, such as continuous and open use of the property.

5. Change the Locks

Once the squatters have been properly evicted, changing the locks is an important step in securing your property. By changing the locks, you prevent them from re-entering the property. However, it’s crucial that you follow proper legal procedures before taking this step. If the squatters are still in the process of being evicted, changing the locks prematurely could be seen as illegal “self-help” eviction, which could complicate your case.

6. Offer a Cash-for-Keys Agreement

A cash-for-keys agreement is a strategy where you offer the squatters a monetary incentive to leave the property voluntarily. This offer can be a win-win: the squatters leave without the need for legal action, and you avoid costly court proceedings. Be sure to get any agreement in writing to ensure that all parties are clear on the terms and that the squatters leave the property as agreed.

7. Provide a Written Notice to Vacate

Along with serving an eviction notice, you may want to provide the squatters with a written notice to vacate, particularly if the eviction process has been delayed. This is a simple, direct communication informing the squatters that they must leave the property immediately. It reinforces the eviction notice and can be a useful tool for expediting the process.

8. Use a Property Management Company

A property management company can handle the eviction process on your behalf, especially if you’re unfamiliar with local laws or too busy to manage the situation yourself. These companies often have experience dealing with squatters and can help you navigate the legal complexities of eviction, ensuring everything is done in compliance with the law.

9. Utilize a Locksmith

If the squatters have already been legally evicted and are refusing to leave, you may need to use a locksmith to regain control of the property. This is especially important if squatters have changed the locks or barricaded themselves inside. However, ensure that the eviction process has been completed properly before taking this step to avoid any legal issues.

10. Secure the Property with Fencing or Barriers

Once the squatters have been removed, securing the property is essential to prevent future squatting. Installing fences, barriers, or even security cameras can deter future squatters from attempting to enter your property. Taking proactive steps to secure the property can help protect your investment and ensure that no one unlawfully occupies it again.