March 26th 2024.
In recent times, there has been a growing concern over the tension between homeowners and squatters. Traditionally, squatters would move into unoccupied or rental homes, but there has been a rise in reports of squatters occupying already occupied homes and refusing to leave. According to NBC News, this issue has been exacerbated by the increasing cost of housing in the United States. Lawyer David Metzger, based in Atlanta, has noticed a significant increase in squatter cases since 2023.
Metzger pointed out that part of the problem is the rapid inflation of housing costs after the pandemic. "This is a serious problem that is not getting the attention it deserves," he said. "People came out of COVID lockdowns to find that rents were no longer $800 a month, but $1,800. They were shocked and couldn't afford it." Metzger called for stricter enforcement of existing laws and advocated for change. "Those who engage in squatting know that there are no legal consequences. They are not likely to face any charges. It's frustrating because the police are very hands-off, even though there is no such thing as 'squatters' rights'."
However, once the police are presented with a lease, even if it is forged, they usually leave because this is considered a civil case rather than a criminal one. The only way for a squatter to be charged with trespassing is if there is evidence that they illegally entered the property. As explained by Arrived, adverse possession laws vary by state. Therefore, any rights a squatter may have are nullified once legal action is taken and a court order is issued. At this point, the property owner can begin the eviction process.
If the owner of a home allows the statutory period, which can range from seven to 20 years, to pass without taking action through civil courts to evict a squatter, the squatter can legally claim ownership of the home or property. Experts like Coldwell Banker agent Cara Ameer, based in Florida, warn that if a squatter does enter your home, the best course of action is to comply with the laws. "Don't confront them or try to turn off utilities," Ameer advised Realtor.com. "Unfortunately, it is a legal game to play, and you want to comply with what is required by the law to ensure a successful outcome."
In 2018, Philadelphia passed an anti-squatting law, which received criticism due to its potential negative effects on renters, who are protected by modern adverse possession laws. The bill was met with backlash, as seen in a tweet from a landlord who was arrested for illegally evicting tenants whom she inherited. However, as Chief Ron pointed out, the USA was established by squatters, which is why squatter's rights exist. Ahead of the law's passing, the Public Interest Law Center raised concerns about certain situations, including allegations of domestic violence.
According to WHYY, the bill was passed in 2018 after city councilwoman Cherelle Parker introduced a new measure to narrow its focus and prevent homeowners and renters from being negatively impacted. The revised bill also included protections for victims of domestic violence, stalking, or sexual harassment. Like Metzger, Parker clarified that there is no such thing as "squatters' rights" and defended her measure in a city council meeting in November 2018.
Despite the noise and sensationalism surrounding "squatters' rights," as pointed out by Arrived, these rights are enforced in the same way as tenant rights. The presence of squatters may cause a property owner to react strongly, but it's important to remember that they cannot be removed without a court order, just like tenants. The civil procedures for eviction must be followed according to the laws and rules of the state where the property is located.
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