Vacancies are not uncommon in the rental industry, and property owners often market vacant property quickly to generate income. If you cannot find renters, you might find a squatter or two living in your rental, so how exactly do you get rid of squatters?
Learning the legal eviction process and matters like adverse possession can help you avoid legal repercussions, as well as keep your property.
Who Can Be Considered a Squatter?
Anyone who occupies a property without a legal claim or the owner's permission can be classified as a squatter, although certain circumstances can lead to legal ownership due to adverse possession laws. Squatters' rights allow illegal occupants to issue an adverse possession claim, and if they win, the original property owner will have to surrender the property to them.
How to Get Rid of Squatters
Even if you are the property owner and squatters are trespassing, you still have to follow a formal eviction process.
- Politely ask the squatters to leave. Before you proceed to legal action, you can first try and talk to the squatters and respectfully ask them to leave. There's a chance that they would do so after you ask, and you can avoid time-consuming legal proceedings.
- Issue a formal eviction notice. To evict the squatter from the property lawfully, you need to provide a proper notice before beginning the legal process.
- File the eviction. After an eviction notice is given to the unauthorized occupants, you can start the eviction process. It's best to consult a real estate attorney to help you navigate the eviction lawsuit.
- Acquire a court order. This is the part of the process when you attend a court hearing and prove that it is your property, and that the squatter had no right to live in the premises.
- Hire local law enforcement to remove squatters. Evicting squatters can be a messy business, especially if the squatters refuse to leave in the first place. You should ask for assistance from the sheriff's office or local police department and have police remove squatters from your property.
How Can a Squatter Claim Legal Ownership?
Although it sounds unfair to most property owners, a squatter can technically gain legal ownership when they claim adverse possession. According to squatter's rights in Georgia, there are five legal requirements a squatter needs to gain adverse possession.
Hostile Claim
Contrary to the title, it actually means that the squatter doesn't have negative intentions in occupying the property. Factors that can affect this requirement include: unknowingly owning faulty documents, unaware that it is private property, or being aware that they are trespassing.
Actual Possession
This requirement allows squatters with illegal occupancy to gain legal rights to the property, as long as they have evidence that they made efforts to maintain, beautify, or improve the unit to establish possession.
Open and Notorious Possession
To achieve this requirement, the squatter must be occupying the property openly, wherein neighbors or other third parties can attest to it. Those who hide that they are squatting in a property will not be able to claim ownership through adverse possession claims.
Exclusive Possession
In this instance, the squatter doesn't share possession of the property with anyone else, including tenants, third parties, or the property owner themselves.
Continuous Possession
Arguably, the trickiest one to resolve, a squatter can become the legal owner of the vacant property if they have lived in the premises uninterrupted for 20 years, or seven years if they have the color of title. By then, they have property ownership rights that may be hard to take back.
How You Can Prevent Squatters
- Conduct regular inspections of your property to ensure that everything is in good condition and that there are no unauthorized occupancies.
- Enhance your security systems to detect unwanted occupants, or use strong locks on access points to prevent squatters from breaking in.
- Place clear signs that the vacant property is currently owned, deterring squatters from even setting foot on the premises.
- If you're far from your property, hire third parties like property managers to watch over your rental property.
Georgia Adverse Possession FAQs
What is the color of title?
- Color of title refers to the ownership of the property or unit without certain legal documentation to remain on the premises. Unlike other states where squatters have to pay property taxes to gain legal rights to the property, squatters can claim adverse possession in Georgia to get the legal title without it.
How can I prove that I have property rights?
- You have to prove that you either have 20 years of continuous possession of the property or 7 years with the color of title.
Can I get rid of squatters myself?
- Even after the eviction proceeding is finalized, it's better to get law enforcement officers to help you evict squatters.
Who can I consult about Georgia squatters' rights?
- You can consult real estate lawyers for legal counsel about eviction laws, or hire a property management company who are knowledgeable about state laws regarding squatters in Georgia. Although you can research by looking through legal resource websites, it's better to have experts in your corner.
Are there alternatives to kicking out squatters?
- Yes. Instead of going through the time-consuming legal procedures and worrying about violating squatters' rights, you can ask them to pay rent to remain in the property. The same goes for holdover tenants who stayed after their lease ended.
How long will it take to get rid of a squatter?
- Depending on how you resolve the matter, it can take a day to two months. The process will be faster if the squatters leave after you ask them to, but they can refuse. In that case, they can either claim ownership through adverse possession by providing the legal requirements, or you will have to go through the legal process of evicting them.
Hiring a Property Manager for Proactive Measures
You shouldn't wait for squatters to live in your real estate property before you take action. As they say, prevention is better than cure, and having property managers watch over your vacant property can help avoid the situation from happening.
Companies like PMI Georgia have a team of experts that can tackle issues regarding property law, allowing you to avoid potential legal consequences. We aim to take proactive measures to keep you from costs and stress.
Contact us, and we can discuss what we can do for your rental business!
