In simple terms, an unauthorised occupant is a person who occupies a property that does not belong to him.
Disputes between illegal occupants and homeowners can be lengthy and costly, depending on which state the case arises in.
many states like Florida, We have laws to quickly remove unauthorized residents from homes, but these laws are not enforced in most parts of the US.
States across the country are beginning to sign bills into law to protect homeowners from illegal occupants. Florida, led by Governor Ron DeSantis, was at the forefront of this initiative. (Governor Ron DeSantis/FB)
One of the most common illegal occupancy cases, which is more widely known, is a homeless person who finds an abandoned or foreclosed property and moves into that home. But this is not the only illegal occupancy case that can occur.
As a homeowner, it’s important to take measures to protect yourself from a squatter situation. different cases of illegal occupation which could happen.
- a homeless person living in an abandoned property
- Tenant is not paying rent and is refusing to leave
- “Professional squatters”
1. A homeless person who lives in an abandoned property
Squatters are often thought of as people who are homeless and looking for shelter.
They may find this shelter in an abandoned house, a foreclosed property, or even a property that is for sale.
if you the process of selling your home, Even if you’ve already moved out, it’s still important to keep an eye on it.
“For homeowners, I would say my best advice would be if you’re going to be moving out of state and your home is being sold after you’re gone or if you’re a distant relative, and a family member’s home is tied up in probate, have somebody keep a close eye on the property on a regular basis,” Courtney Hartsfield, a Realtor with Tyler Hughes Realty Group with Horizon Realty based in Madison, Alabama, told Fox News Digital that she’s encountered an illegal occupant when she was showing a home to her clients. She emphasized that such homes are “easy targets.”
Many unauthorized occupants are homeless individuals looking for a place to live, but that isn’t always the case. (iStock)
2. Tenant not paying rent and refusing to vacate the house
Another illegal possession situation that can arise is the case where the tenant stops paying rent, and then Refused to leave the property.
People do this through fraud, according to Daniel Phillips, a real estate litigation partner at the Belkin, Burden & Goldman law firm who previously spoke with Fox News Digital.
He previously explained that an illegal occupant assumes someone else’s identity to fraudulently rent out a place. In many cases, they pay the security deposit and the first month’s rent, and then stop paying altogether.
“It’s a very long process,” Phillips previously told Fox News Digital. “It’s definitely a Burden on small homeowners who are trying to collect rent or pay their mortgage, and now you have somebody living there who’s not paying you and you have to go through the court process, which is time consuming, and you usually have to hire an attorney to get that person out.”
According to Phillips, to protect themselves from such situations, it’s important for landlords to do a thorough background check on potential tenants, as well as monitor their property via video, with a property manager or by having someone call in person from time to time.
In many states, removing squatters from a property is a lengthy and costly legal process. (iStock)
Homeowners have seen even more bizarre examples, such as hiring someone who takes advantage of them.
For example, Yudith Matthews and Abram Mendez spoke to “Fox & Friends” in April about how they hired a contractor to complete tile work in their San Antonio home, but they claim he fired them when they did not pay for it. Refused to leave the property.
He’s reportedly still in the house, and they had to go through a huge legal battle to get him out, they said.
Florida and other states that have signed bills to protect homeowners from illegal occupants
“We have no protections. There are lawmakers like (Florida) Governor (Ron) DeSantis who are making progress, but we need more progress across the U.S. to protect homeowners, because there is so little,” Mendez told Ainsley Earhardt. “I think this is really a money-making gimmick for municipalities across the U.S.”
According to the couple, the contractor asked if he could stay on the property while working on the house. They accepted his request and drew up a contract which the contractor signed.
When the contractor continued to make excuses for not completing the work, he was fired, but he refused to leave the job.
Mendez said he recorded the man signing the agreement on his phone, but the man later stole his phone and deleted the video evidence.
In some cases, a person Renting out a property For short-term visits, such as for holidays, they may overstay the duration of their visit and become unauthorized residents.
One such case occurred in Pennsylvania, when homeowner Joseph Foresta sued Airbnb in March 2023 after a man allegedly rented his home for a night and then illegally occupied the property.
3. “Professional Squatters”
Stories of illegal occupants are emerging across the country, The term “professional squatter” It is used to describe a person who moves from one property to another, taking advantage of landlords and vacant properties.
A Chicago woman named Darthula Young previously spoke to Fox News Digital about a professional squatter she encountered.
In March 2023, Young told Jesse Watters, “He told me he’s a professional squatter, and he knows his rights, and he’s not leaving.”
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“I would say based on the fact that they lived there for a year, they didn’t pay the rent, the water bill and other damage they did to the property, they stole the electric bills,” she previously told Fox News Digital. “I filed a police report for about $25,000 in damages.”
A simple way to keep an eye on your property when you’re not home is to install security cameras. (iStock)
Again, one of the best Ways to protect yourself You have to work hard for this.
“If you’re moving away from this house, you need to have a lot of surveillance on your home, whether it’s security cameras, alarm systems, neighbors, because if people start coming in and living in and nobody says anything, and they may, they’ll go under the radar, and that’s when the problems start,” George Huntoon, a Texas real estate agent, told Fox News Digital.
Also, make friends with neighbors who can keep an eye on your property in your absence. Not knowing your neighbors, which is all too common these days, is one reason why problems with unsanitary property occur, Huntoon said.
