Amid a surge in stories of squatting, whereby strangers move into the properties of American homeowners and refuse to leave, experts are urging residents to enact measures that make it appear the vacant home is occupied to avoid costly legal proceedings. New York-based real estate professional Jim Gray told Fox News Digital that he has seen firsthand how a squatting situation can escalate from a nuisance to a recurring nightmare for well-intentioned homeowners.
Dallas-area woman also spoke out after a squatter allegedly trashed her home and sold her belongings while she was taking care of a family member in another state. Fitzgerald urged property owners to take dated photos and videos showing unauthorized access and habitation and contact law enforcement to report illegal occupation officially. While cumbersome, Fitzgerald said legal eviction may be required to remove entrenched squatters who claim "tenants' rights.
Generally, a squatter is not just someone who enters your property – but someone who stays continuously for an extended period of time. In other words, if someone enters your property unlawfully, you want to immediately call the police to have that person removed as a trespasser," he said. Legally speaking, Katz said in many places, a squatter is no different from a holdover tenant whose lease has expired but refuses to vacate.
Situations can become even murkier if tenants can establish residency by performing basic dwelling tasks like cooking, cleaning and receiving mail. Grey said this typically leads courts to grant longer eviction notice periods and due process scrutiny. Criminal trespassing charges can also be jeopardized if residency appears to be established by the squatter before removal.
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