Unlawful occupancy, also known as squatting, is when someone is in possession of a property without permission. This can occur when staying inside a premises after the lease agreement expires, occupying the premises after the tenant refuses to pay rent, or by taking residence without the owner(s) authorization.
While a squatter may appear to be the same as a trespasser, they are legally different.
A squatter is a trespasser that has established residence by moving in furniture or signing up for utilities for the property. Once these changes occur, an eviction process is required to remove them.
The process is similar to removing an uncooperative legal tenant with the only difference being that a police report should be the first thing to do when handling a squatter.
A home owner must give written notice to the occupant to vacate the premises.
The amount of time they need to vacate the premises depends on the reason for the eviction. After the notice period expires, an Unlawful Detainer can be filed with the court which will start the legal court process.
The total time it takes to remove someone that is unlawfully occupying a premises can be from 90 days to a year.
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