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Aid! There are squatters in my apartment

In the Dallas-Fort Worth area, there seems to be at least one story in the news every week about squatters. They are individuals who enter a house that does not belong to them and assume it as if they had it. Experts say this is such a prevalent problem these days due to the sheer number of homes that have been foreclosed on. They are empty and do not move, so people decide to seize them. They often do this for months without anyone noticing.

The unfortunate truth, however, is that this doesn’t just happen in foreclosed homes. It’s also happening in the apartments. It’s a huge headache for homeowners because believe it or not, squatters have rights too. Let’s explain…

Squatting and the law

Suppose you find that there is a 30-something woman who lives in an apartment that was supposed to be empty. She has likely been there for about a month. Well, thanks to tenant protection laws (providing protection for people to live in housing they don’t own), it’s not that easy to evict that squatting woman.

In fact, in homes where a squatter is more likely to live for quite some time without anyone questioning whether or not they have purchased the property, the squatter may eventually own the home. That’s how it is!

After enough time (different in each state), the individual will own the home through an acquisitive prescription. They must only meet the following requirements:(1)

• Property must be vacant
• No one else pays property taxes during the squatter period except the squatter.
• Living there continuously and without permission.
• No attempt was made to hide the fact that they are occupying the residence.

Fortunately, in the case of apartments, it is much less likely that someone will be so unnoticed or that the unit will not be shown for an extended period of time. Instead, what is much more likely is that an illegal occupant will enter a unit that is already occupied when the actual tenant goes on vacation or a business trip.

Get rid of squatters

A recent news story about an apartment squatter took place in New York City. It was there that a landlord discovered that a tenant who was not on the lease decided to stay after his girlfriend, the original tenant, moved out. This individual came up with one excuse after another, but he wouldn’t leave the apartment. “I think he goes from apartment to apartment doing this,” said Tibor Karakas, the building manager. “He knows the law. He knows what he’s doing. He knows it will take me six months to get him out.”(2)

But if you are faced with this dilemma, there are ways to address it. We suggest the following:

• Understand the difference between a former tenant who refuses to leave and someone who has never leased your property. An example of the latter might be someone who moved in with a boyfriend or girlfriend, but stays after the tenant has moved out.
• For a former tenant who refuses to leave after eviction, this is not really a case of illegal squatting. This situation requires legal intervention. The police are not likely to intervene if you call 911. However, going through the proper legal (judicial) channels will help ensure legal enforcement (and possibly forced removal) of the eviction and the former tenant.
• For a person who was never on the lease to begin with, legal involvement is not absolutely necessary. In fact, in this case you have the right to recover the property without anyone’s help. While you can enter the unit and change the locks to prevent the person from re-entering, the trick is to enter at a time when the squatters are not present. This is also a potentially dangerous proposition, so it is advisable to consider the services of an attorney to impose “force”.

take precautions

To avoid situations like this in the first place, property owners and managers should screen all applicants before signing a lease. The lease must also contain a stipulation insisting that any adult over the age of 18 must sign a lease to live in the unit for any period of time. And, of course, there is a need to keep the property safe, keeping a close eye on the condition of each unit and its occupants, as well as security measures for guests as they enter and leave the property.

(1) Clark, J. “How Squatting Works,” money.howstuffworks.com.

(2) “Landlord Struggles to get rid of Squatter,” upi.com, 8/23/11.