Dealing with squatters can be a challenging and stressful situation for property owners. Whether you own residential or commercial property, the presence of unauthorized occupants can lead to significant legal, financial, and emotional strain. One of the most common questions landlords and property owners ask is, "Can I call the police to evict a squatter?" The answer is not always straightforward, as it depends on various factors, including local laws, the circumstances of the squatting, and the legal rights of both parties involved. In this article, we will explore the complexities of dealing with squatters, the role of law enforcement in eviction specialists, and the steps landlords can take to legally and effectively remove unauthorized occupants. We will also discuss the importance of working with eviction specialists and understanding the legal framework for landlords.

Understanding Squatters and Their Rights

Who is Considered a Squatter?

A squatter is someone who occupies a property without the owner's permission. Squatters can be individuals or groups who move into vacant residential or commercial properties, often taking advantage of the owner's absence or neglect. While squatters do not have a legal right to occupy the property, they may gain certain protections under the law if they remain on the property for an extended period.

Squatters' Rights and Adverse Possession

In some jurisdictions, squatters may claim legal ownership of a property through a concept known as "adverse possession." Adverse possession laws allow individuals to gain ownership of a property if they occupy it continuously, openly, commercial eviction, and without the owner's permission for a specified period (often several years). While this is rare, it highlights the importance of addressing squatting issues promptly.

The Difference Between Squatters and Tenants

It is crucial to distinguish between squatters and tenants. Tenants have a legal agreement (lease or rental contract) with the property owner, while squatters do not. However, in some cases, squatters may falsely claim to be tenants, complicating the eviction process.

Can You Call the Police to Evict a Squatter?

The Role of Law Enforcement in Squatter Evictions

In most cases, the police cannot directly evict a squatter. Law enforcement officers are not authorized to resolve civil disputes, such as property ownership or tenancy issues. Their primary role is to maintain public order and enforce criminal laws. If a squatter has committed a criminal act (e.g., breaking and entering), the police may intervene. However, if the situation is a civil matter, landlords must follow the legal eviction process.

When Can the Police Intervene?

The police may get involved in squatter situations under specific circumstances, such as:

• The squatter has trespassed or broken into the property.

• The property owner has obtained a court order for eviction, and the squatter refuses to leave.

• There is evidence of criminal activity, such as vandalism or theft.

Why Police Involvement is Limited

Police involvement is limited because squatting cases often involve complex legal issues. For example, if a squatter claims to be a tenant or asserts adverse possession rights, the matter must be resolved in court. Relying on law enforcement to handle such situations can lead to delays and legal complications.

The Legal Eviction Process for Squatters

Step 1: Verify the Squatter's Status

Before taking any action, landlords must determine whether the occupant is a squatter or a tenant. This involves reviewing any documentation, such as lease agreements or rental payments, and gathering evidence of unauthorized occupation.

Step 2: Serve an Eviction Notice

Once the squatter's status is confirmed, the landlord must serve an eviction notice. The type of notice and the required notice period vary depending on local laws. In some jurisdictions, landlords may need to provide a "Notice to Quit" or a "Demand for Possession."

Step 3: File an Eviction Lawsuit

If the squatter refuses to leave after receiving the eviction notice, the legal for landlords must file an eviction lawsuit (also known as an unlawful detainer action) in court. This legal process can take several weeks or months, depending on the jurisdiction and the complexity of the case.

Step 4: Obtain a Court Order

If the court rules in favor of the landlord, they will issue a writ of possession or eviction order. This document authorizes law enforcement to remove the squatter from the property if they still refuse to leave voluntarily.

Step 5: Enforce the Eviction

With a court order in hand, the landlord can request assistance from law enforcement to physically remove the squatter. The police will typically schedule a date and time to carry out the eviction.

Working with Eviction Specialists

What Do Eviction Specialists Do?

Eviction specialists are professionals who assist landlords in navigating the legal and practical aspects of removing unauthorized occupants. They can help with:

• Drafting and serving eviction notices.

• Filing eviction lawsuits and representing landlords in court.

• Coordinating with law enforcement to enforce eviction orders.

• Providing advice on preventing future squatting incidents.

Benefits of Hiring Eviction Specialists

• Expertise: Eviction specialists are familiar with local laws and regulations, ensuring that the eviction process is handled correctly.

• Time-Saving: They can expedite the eviction process, minimizing delays and financial losses.

• Stress Reduction: Landlords can focus on other priorities while the specialists handle the legal complexities.

Commercial Eviction: A Unique Challenge

Differences Between Residential and Commercial Evictions

Commercial evictions often involve additional complexities, such as:

• Longer lease terms and higher financial stakes.

• The need to protect business relationships and reputations.

• Potential disputes over property use and maintenance.

Steps for Commercial Evictions

The process for commercial evictions is similar to residential evictions but may require additional documentation and legal considerations. Landlords should work closely with eviction specialists and legal professionals to ensure compliance with commercial tenancy laws.

Legal Advice for Landlords

Know Your Rights and Responsibilities

Landlords must familiarize themselves with local landlord-tenant laws to avoid legal pitfalls. This includes understanding the proper procedures for serving notices, filing lawsuits, and enforcing evictions.

Prevent Squatting Before It Happens

Proactive measures can help landlords prevent squatting, such as:

• Regularly inspecting vacant properties.

• Installing security measures, such as alarms and cameras.

• Posting "No Trespassing" signs and maintaining clear property boundaries.

Document Everything

Landlords should keep detailed records of all interactions with squatters, including photographs, written notices, and communication logs. This documentation can be invaluable in court.

Conclusion

Dealing with squatters is a complex and often frustrating process for landlords and property owners. While calling the police may seem like a quick solution, it is rarely effective without a court order. Instead, landlords must follow the legal eviction process, which involves serving notices, filing lawsuits, and obtaining court orders. Working with eviction specialists can streamline the process and ensure compliance with local laws. By understanding their rights and responsibilities, landlord advice can protect their properties and minimize the risk of squatting. Whether dealing with residential or commercial properties, taking proactive measures and seeking professional assistance are key to resolving squatter issues effectively and legally.