The process of removing squatters varies by state. In Arizona, a landowner cannot self-evict squatters and must go through eviction. This can be costly and time-consuming but is necessary for regaining property ownership.
According to real estate experts in Arizona, it is important to understand what qualifies as squatting. Squatters must be occupying the property exclusively.
Contact the Police
It is important to remember that squatting is illegal and that the property owner must use the law to get rid of squatters from their property. To do so, they will need to file an eviction lawsuit with the local court and prepare any additional documentation that might help their case. They will then need to attend a court hearing where they may be granted a judgment allowing them to remove the squatters from their property.
In order to file an eviction lawsuit, the property owner must contact their local police department and report any squatter activity. The police will then investigate the situation and determine if the squatters are, in fact, trespassing on the property.
After investigating the squatters, the police will provide the landowner with an eviction notice. The eviction notice will give the squatters a certain amount of time to leave and will also state that the property owner intends to pursue legal action against them for trespassing. Landlords can also use the state’s guest removal law to immediately remove any unwelcome occupants who aren’t stated on the lease.
A squatter’s rights to the property are complicated and vary from state to state. Arizona, for example, has some of the most detailed squatter laws in the country, and it can be difficult to navigate. In general, a squatter must claim ownership of the property through adverse possession, which requires them to occupy the land for at least two years and cultivate it the same way an owner would. This includes paying taxes and making improvements.
However, it is important to understand that squatting and trespassing are not the same thing. Trespassing involves knowingly entering the property without permission, while squatting occurs when someone moves into an abandoned or vacant house or building and takes up residence there.
Some squatters can eventually become their property owners through a process called “adverse possession.” To do so, they must occupy the property for 7-10 years and meet certain other requirements, including maintaining the property, paying taxes, and possibly improving its value and/or acquiring a deed. While squatters can gain ownership of the property through adverse possession, this process can be expensive and risky, and the most cost-efficient method of owning an abandoned property is usually to buy it in cash.
Talk to Your Neighbors
If you have neighbors in close proximity to the property, they will probably be aware of squatters living there. If so, talk to them and ask for their help alerting the squatters that they are illegally on your land. They might be able to give you a heads up on the individuals who are there, what they look like, and their occupation times.
If the squatters have been there for a long time, they may be able to claim adverse possession rights, making it difficult to get them to leave. The Grand Canyon State allows squatters to gain these rights after anywhere between two and ten years of occupation, depending on the circumstances.
To prevent this from happening, you must file what is known as a “quiet title lawsuit.” This legal action simply requests that the courts confirm that you are the property owner. The court will then order the squatters to leave and should notify local law enforcement of this. Check your local laws for details on which court you must file with and the specific information you must present.
You should also identify the property owner so that you can get in contact with them and report squatters to them. You can do this by checking public records in the tax assessor’s office or a property management company. If the owner is not responsive, you should call your local municipality and report that the property looks run down. This might prompt them to send a code enforcement officer to the address and investigate.
You must never try to force the squatters out of your property on your own. This can violate their rights in some situations and also put you at risk of large fines or even jail time. The best way to remove squatters from your property is to work with a lawyer who specializes in residential evictions. This will ensure that you follow all of the correct steps and do not violate any laws or rights.
Evict the Squatters
A property owner can evict squatters in Arizona by filing a quiet title lawsuit, which is a legal action that asks the court to confirm the true owner of a piece of land. This process can take up to three years, so it is important for property owners to act quickly when they discover squatters on their properties. Squatters can cause a lot of damage to your business while they are there, and the eviction process will cost you money, too.
Squatters may also claim ownership of the property through adverse possession, which requires them to live on the land for a specified amount of time to get rights to it. Each state has different laws about this, and Arizona is no exception. After just two years of occupation, the Grand Canyon state allows squatters to acquire land through adverse possession. However, squatters must also show that they actually own the property, meaning they must pay property taxes and cultivate it to prove ownership.
If the squatters claim ownership of the land, they must also be open and notorious about their presence. This means they cannot hide their occupancy of the property from others or try to conceal it in any way. They must also be the only person occupying the land—if they share it with other people, they are not eligible to file for adverse possession.
Another option is to try convincing the squatters to leave alone. Although this can be more difficult than simply evicting them, it may be the best option in some situations. You can try to convince them to leave by offering a monetary incentive, such as a cash settlement. You must ensure you write up clear contracts and consult with landlord-tenant legal services to ensure that your approach is legal and binding.
You should never use physical force or threaten squatters to make them leave. Doing so can lead to a large escalation in the situation and legally put you in a worse position. You should also avoid changing the locks or turning off the utilities on a property, as this is against the law in many states.
Hire a Lawyer
It’s important to remember that squatters have certain rights, so it is not recommended that you try to remove them on your own. Attempting to do so may violate their rights or even put your own safety at risk. Instead, you should focus on working within the legal system to resolve the issue. Here are some of the best ways to do so:
One of the first things you should do is contact your local sheriff’s office. They will be able to determine whether the person in question is a squatter or a trespasser and can help you decide what to do next. Additionally, calling the police will create an official record of the incident, which you can use as evidence later on if necessary.
Depending on your state’s laws, you may be able to challenge an adverse possession claim by filing a “quiet title lawsuit.” This simple legal action asks the court to confirm who owns the property in question. You can file this either during the squatter’s occupation or after they’ve filed an adverse possession claim.
Another way to challenge a squatter’s claim is to prove that they have not met the requirements for adverse possession. This is usually done by proving that they have not been continuously living on the property, cultivating it, or paying property taxes. It’s also important to note that you can only challenge a squatter’s adverse possession claim within three years of them initially claiming it.
You can also try to offer the squatter a cash settlement for leaving the property. This is an alternative to the eviction process and can be successful in getting them to leave quickly. However, you should be aware that it’s important to consult with a landlord-tenant lawyer before taking this approach.
Finally, you can also ask the squatter to sign a quitclaim deed that states that they are giving up their right to ownership of the property. However, this option is risky and should only be used in extreme situations. For more information about evicting squatters from your property, check out Arizona Revised Statutes Title 12. Courts and Civil Proceedings SS 12-522.
