Intro to the Removal Process

The term "squatter" is the informal term for someone who is living on a property without authority. The formal name for "squatters" is unlawful or unauthorized occupant. You might think of an unlawful or unauthorized occupant as someone who has broken and entered into a property without permission, but there are many circumstances where a person might be considered an unlawful or unauthorized occupant.

CAUTION!!! This removal or "squatter" law does not apply if there has ever been a landlord-tenant relationship between the parties. 

For example, there are scams where scammers find vacant properties, create fraudulent lease agreements, and get people to sign the fake lease agreements and move in. The people living there have no idea they've been scammed until they find out that the owner did not authorize them being there. The people living there are considered unlawful or unauthorized occupants because they did not have the owner's authority to live in the property. There are two ways for an owner to remove an unauthorized or unlawful occupant.

Retaking of Property Following Arrest

One way an owner might remove an unauthorized or unlawful occupant is the retaking of property following arrest. This happens when the unlawful occupant is arrested for housebreaking or unlawful occupancy and the property is completely vacant. The owner can change the locks and retake possession of the property. The owner posts a notice on the property, then files that notice and a statement with the court within 24 hours of posting. A hearing or trial is only set if the occupant wants to reenter the property and files a complaint to enter.

The flowchart below shows how the retaking process works. For more information, visit the Retaking of Property Following Arrest page.

Civil Removal Process

The second way an owner can remove an unauthorized or unlawful occupant is through the civil removal process.

The civil removal process begins with the owner serving the occupant with a 4-day Notice to Surrender. When the occupant receives the notice, the occupant might choose to leave the property within the 4 days, or file an affidavit (sometimes called an "answer") with the court to dispute the notice and/or ask for more time to move out. If the occupant files an affidavit/answer with a legal defense and the owner files a complaint with the court, the court will schedule a hearing to decide whether an order for removal should be issued. The court will not schedule a hearing if the affidavit/answer did not raise a valid legal defense.

The flowchart below shows how the civil removal process works. For more information, visit the Civil Removal Process page.

Pro tip! The retaking possession and civil removal processes can overlap, depending on the timing of each process. For example, an owner can call law enforcement to report an unlawful occupant, and if law enforcement doesn't respond within the time that the owner wants, the owner can begin the civil removal process.