How Long Does It Take to Remove Squatters from a Property

Squatting is a serious concern for landlords, property investors, and homeowners. If someone unlawfully occupies a property without the owner’s consent, the eviction process can be complicated, time-consuming, and legally challenging. The duration of removing squatters varies based on factors such as legal for landlords jurisdiction, the type of property, and whether the squatters have any legal defenses.

This article explores how long it typically takes to remove squatters from a property, the legal process involved, and what landlords can do to expedite the process.

Understanding Squatters and Squatter Rights

Squatters are individuals who unlawfully occupy a property without the owner’s permission. Depending on the jurisdiction, squatters may have rights that could make their eviction more complex. Some laws protect long-term squatters, allowing them to claim ownership under adverse possession laws if they meet specific conditions over time.

Squatters vs. Trespassers

• Squatters typically occupy vacant properties for an extended period and may attempt to claim legal rights to stay.

• Trespassers unlawfully enter a property but do not intend to stay long-term. They can usually be removed more quickly by law enforcement.

Steps to Remove Squatters

The process of removing squatters involves legal proceedings, which can vary depending on local laws. Below are the key steps landlords should follow:

1. Verify the Squatter’s Status

Before taking legal action, confirm that the individual is indeed a squatter and not a tenant with a legitimate lease. If there is a lease agreement, the landlord action must follow tenant eviction procedures.

2. Contact Local Authorities

In some cases, local law enforcement can intervene if the squatter is trespassing. However, in many jurisdictions, squatters are considered civil cases rather than criminal matters, requiring court involvement.

3. Serve an Eviction Notice

A formal eviction notice must be served to the squatters. The notice type varies by jurisdiction but commonly includes:

• Notice to Quit: A formal demand to leave the property.

• Unlawful Detainer Notice: A legal notice to inform the squatter of impending eviction proceedings.

4. File a Lawsuit for Eviction

If the squatter does not vacate after receiving notice, the landlord must file an unlawful detainer lawsuit in court. This process involves:

• Filing a legal complaint

• Attending a court hearing

• Receiving a judgment for eviction

5. Obtain a Writ of Possession

If the court rules in favor of the property owner, the landlord can obtain a writ of possession, a legal order directing law enforcement to remove the squatter.

6. Enforce the Eviction with Law Enforcement

After obtaining the writ of possession, the local sheriff or police will carry out the eviction. The squatters will be given a final deadline to vacate before being forcibly removed.

Timeline for Removing Squatters

The time it takes to remove squatters depends on multiple factors, including the legal process in the specific jurisdiction and whether the squatter fights the eviction. Here is a general timeline breakdown:

Immediate Removal (A Few Days to a Week)

• If the squatters are trespassing, police may remove them immediately.

• Some jurisdictions allow landlords to post a 24- to 72-hour eviction specialists.

Legal Eviction Process (30 to 90 Days)

• Serving an eviction notice: 7 to 30 days, depending on local laws.

• Filing a court case: 1 to 2 weeks.

• Court hearing and judgment: 2 to 6 weeks.

• Issuance and enforcement of writ of possession: 1 to 3 weeks.

Extended Cases (90+ Days to Over a Year)

• If squatters file legal defenses or claim tenant rights, eviction can take longer.

• Appeals or delays due to court backlogs can extend the process significantly.

• In cases of adverse possession claims, legal battles may last years.

Factors Affecting the Eviction Timeline

Several factors impact how quickly squatters can be removed, including:

1. Local Laws and Regulations

Eviction laws vary by state and country. Some jurisdictions provide strong protections for squatters, leading to prolonged legal battles.

2. Squatter’s Legal Defense

If squatters claim they have tenant rights or present legal documents, the eviction process can take longer.

3. Court Delays and Backlogs

Some courts are overloaded with cases, delaying hearings and rulings.

4. Property Type

Residential property evictions may take longer due to tenant protection laws, whereas commercial properties often have fewer restrictions.

How to Expedite the Eviction Process

Landlords can take proactive measures to speed up the squatter removal process:

1. Hire Eviction Specialists

Legal professionals specializing in eviction can navigate the process efficiently and handle legal hurdles.

2. Work with Legal Services for Landlords

Organizations that assist landlords can provide resources, legal support, and expedited eviction strategies.

3. Take Immediate Action

Reporting squatters and starting legal proceedings quickly reduces delays and prevents squatters from establishing legal rights.

4. Secure the Property

Prevent squatters from entering in the first place by:

• Installing security systems

• Regularly inspecting vacant properties

• Using property management services

Conclusion

The time required to remove squatters varies based on legal, procedural, and situational factors. While police intervention may lead to immediate removal in some cases, legal eviction often takes 30 to 90 days, with potential delays extending the process further. By acting swiftly, consulting legal experts, and securing the property, landlords can minimize the impact of squatting and regain control of their property as soon as possible.