In much of the United States, the procedure for evicting a squatter from your property requires filing a lawsuit and going to court.
Jerron Kelley, partner at Kelley & Grant P.A. in Boca Raton, Florida, told Fox News Digital in a phone interview that landlord-tenant attorneys are the best to contact in squatter cases, as they are the ones that will know the most about the law.
The first step of approaching the legal process to remove a squatter is to familiarize yourself with the laws of your state. Contact a local attorney specializing in real estate litigation to provide you with knowledge and expertise on how to handle your specific situation.
Once you contact a local attorney, they can help you determine what kind of case you have on your hands.
In many squatter cases around the country, homeowners need to go through the court in order for their removal. (iStock)
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A true squatter is not part of a proper landlord-tenant relationship, as they don’t have a valid lease and haven’t paid any money to the owner.
In certain states, like Florida, for example, with the enactment of a recent bill signed by Gov. Ron DeSantis, law enforcement officers can more easily remove a squatter from an individual’s property under many circumstances without having to go through the court system.
The Florida statute “now makes it easier for landlords to call the police in those specific situations where the property wasn’t open to the public and the person is not a tenant. They can, in many situations, be removed by the police without the need for filing an unlawful detainer lawsuit,” Kelley said.
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In Florida, an “unlawful detainer is the type of litigation [that] is separate from landlord-tenant law,” Kelley explained.
Jerron Kelley of Kelley & Grant P.A. in Boca Raton, Florida, says landlord-tenant attorneys are best to contact in squatter cases, even though these situations are not ones making up a proper landlord-tenant relationship. Attorneys with this background will have the most insight into these types of cases. (Jeff Greenberg/Universal Images Group via Getty Images)
There are numerous other states in the country, like Arizona, California and many others, where the same unlawful detainer suit is filed. Contacting a qualified local lawyer will help you determine the laws in your state.
Even though there are many differences in the laws from state to state, there are certain aspects of the law that homeowners can expect no matter where they live.
“When there’s any kind of court case brought, the defendants have rights to contest the case,” Kelley said. “I can say that for all 50 states. That’s just a part of the process.”
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“What happens and how long that takes to see the case through depends on the state that they’re in and the law and how quickly judges and courts move those cases through the system,” Kelley said.
Though, more times than not, squatters will choose not to appear in court. Rather, they continue living at the property while the process plays out.
“In many, many, many times, they did not contest the case or file any responsive pleadings,” Kelley said about squatters.
Laws regarding squatters vary from state to state. In some states, like Florida, it’s easier for law enforcement to remove squatters from a property without homeowners having to go through the court system. (iStock)
In a very general sense, what can be expected of the court process to remove squatters is that the case will be brought and seen all the way through by the homeowner, until the final judgment from the judge is made.
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Once the homeowner is given possession, it’s at this point that a police officer or sheriff can come in and remove occupants in the event that they are still living on the property, Kelley said.
