Featured News 2013 Evicting Squatters and Real Estate Law

Evicting Squatters and Real Estate Law

House squatting is a term that is reserved for individuals who move into an abandoned residency. When a person leaves their home and another individual moves in without permission from the owner, the new owner is called a "squatter." Squatting is normally considered illegal, and those who move into houses in this manner can be evicted. To evict a squatter from property that you own, you will want to first to determine the classification of the person in your house.

He or she may be considered a "trespasser" instead of a squatter. Normally, a person who has broken door locks or windows to gain access is considered a trespasser and can be prosecuted for the crime. A person who moved into an open house or broke locks and made the home a permanent resident is a squatter. Squatters who damage the property in order to enter the home can be arrested and charged with a criminal offense, but if the squatter is innocent of this crime then he or she may be dealt with in a civil manner.

Sometimes squatters are former tenants who have discontinued rental payments but are still living in the home then a landlord has the right to post the threat of an eviction. Most states require that a landlord present these former tenants with the option to pay rent to remain in the home or they can move out within the allotted amount of days. Most of the time appropriate and legal eviction notices can be downloaded online.

If you discover a squatter on your property, then you must issue the squatter notice to vacate. You may need to pose the notice to vacate in plain view on the entry door. Most of the time, laws require that the property owner give the squatter an allotted amount of time to move from the property. For example, the laws may require that a squatter have three days to leave the property.

You may need to file a forcible detainer lawsuit in order to maintain your rights to the property. This is a legal battle which will prove that you have a legal right to the home that is being discussed. You will need to serve a copy of the forcible detainer to the squatter occupying the home. Usually, a process server can take the detainer to the home for you. If the squatter avoids service, then you may place a lawsuit notice in the paper's legal notice section instead.

After proving that you are the legal owner of the property by producing the needed documents and deeds, you may be able to file an eviction notice with the court. You will need to serve the squatter with a copy of this notice or a complete service by publication in the newspaper. If the eviction notice is granted by the court, then you will be able to continue the forcible eviction of the squatter with assistance from your local law enforcement agencies.

Court ordered evictions are taken very seriously, so your squatter will want to comply. In order to complete an efficient eviction and squatter removal process, you will want a real estate attorney to help you get rid of your squatter or overdue tenant. You can contact a local real estate attorney to get a professional on your side for this lawsuit. With the right attorney there to guide the process, you will be able to serve papers and draft all documents without running the risk of a serious mistake. Hire a real estate attorney near you using this directory today!

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