ling a home is already a detailed process—but when a squatter is living on the property, things can quickly become more complicated. A squatter is someone occupying a property without legal permission, and in some cases, they may have even established certain occupancy rights over time. If you’re trying to sell a house under these circumstances, here’s how to navigate the process effectively and legally.
Understand the Legal Framework
Before making any move, it’s crucial to understand the local laws regarding squatters. In many states, squatters can acquire certain rights if they’ve lived on the property for an extended period. This is often called “adverse possession,” where unauthorized occupants attempt to gain ownership through long-term residency.
Knowing your legal rights—and the squatter’s rights—will help you avoid costly mistakes and delays in the selling process. Every state has its own requirements for adverse possession, ranging from the length of stay to the squatter’s ability to prove they’ve made improvements or paid taxes on the property. Being unaware of these conditions could result in the squatter gaining leverage during the sale.
Can You Sell a House with a Squatter?
One of the most common questions homeowners face in this situation is: can you sell a house with a squatter still living there? The short answer is yes, but it’s not without challenges. Most traditional homebuyers won’t want to deal with the legal headache of purchasing a home occupied by an unauthorized tenant.
However, there are real estate investors and cash home buyers who specialize in buying distressed or occupied properties. These buyers typically have the legal expertise and financial resources to manage the eviction process after purchase, allowing homeowners to walk away from the burden without further involvement.
Consult a Real Estate Attorney
Dealing with squatters requires careful legal action. It’s highly recommended to consult a real estate attorney experienced in such matters. They can guide you through the necessary legal procedures to remove the squatter legally and ensure your actions align with state and local regulations.
An attorney will help you understand the exact legal steps to follow, whether you need to file a formal eviction, serve legal notice, or initiate a lawsuit for possession. They can also help draft any communication with the squatter to ensure it doesn’t unintentionally establish a landlord-tenant relationship—which could give the squatter even more rights.
Serve Proper Notice
Once you’ve spoken to an attorney, the next step is to serve a formal notice to the squatter. This notice should give them a deadline to vacate the property. The type of notice depends on your local laws—it could be a three-day, seven-day, or 30-day notice depending on how long the squatter has been there.
If they refuse to leave, you may need to file for a formal eviction through the court system. While this process can take several weeks or months, it is the safest and most legally sound method of regaining control of your property. Attempting to force them out yourself—through changing locks or shutting off utilities—could land you in legal trouble for wrongful eviction.
What Happens If a Squatter Won’t Leave?
If the squatter refuses to comply with the notice and continues occupying the property, you’ll likely need to go through a court-ordered eviction process. Once the court issues an order, law enforcement can assist in physically removing the squatter.
While frustrating, the eviction process ensures you follow the law and avoid any liability. Keep in mind that squatters sometimes use delay tactics, so the sooner you start the process, the better. In some cases, if the squatter claims adverse possession, you may need to defend your property ownership in court.
Offer a Cash for Keys Agreement
Sometimes, offering a small financial incentive to the squatter in exchange for them leaving peacefully—often called a “cash for keys” deal—can be a faster and less stressful option. It’s not guaranteed to work, but many property owners find this approach effective when dealing with difficult tenants or squatters.
This strategy can save you time and legal fees associated with a formal eviction. Cash for keys agreements should be documented in writing and may include specific conditions like leaving the property in good condition and turning over any keys or access codes.
Selling a Property with an Illegal Occupant
When faced with the challenge of selling a property with an illegal occupant, your best bet may be to work with professionals who are familiar with this type of situation. Traditional real estate agents may hesitate to list a home that’s not fully vacant. However, you can turn to a home buying company or real estate investor who is used to purchasing properties with squatters.
These buyers understand the legal complexity and typically have teams ready to handle the removal process. If you’re wondering where to start, you can explore selling your property to professionals who buy homes as-is, saving yourself from further delays and expenses.
Consider Selling to a Real Estate Investor
If you’re struggling to remove the squatter or don’t want to go through the hassle, another option is selling the property as-is to a real estate investor. Many investors are willing to purchase homes with existing occupants, including squatters. While you may receive a lower offer, you’ll avoid the stress and time of trying to remove the squatter yourself.
Investors often view these properties as opportunities for future renovation or rental income. This allows you to move on from a stressful situation without further legal complications. It’s an ideal option for absentee owners, landlords with problematic rental histories, or anyone facing a time-sensitive sale.
Document Everything
Throughout the process, make sure to keep detailed records. Take photos of the property, keep copies of legal notices, and document any communication with the squatter. This documentation can be invaluable if legal issues arise or if you need to prove your actions in court.
Not only does this help during the eviction process, but it also provides peace of mind when dealing with law enforcement or the court. If you’re planning to sell the home after the squatter leaves, proper documentation can also protect you from claims of misrepresentation from future buyers.
Secure the Property After It’s Vacant
Once the squatter has been removed, secure the home immediately. Change the locks, make any necessary repairs, and install proper security if needed. This not only helps protect the property from future issues but also makes it more attractive to potential buyers.
In some cases, homes that have been occupied by squatters may have sustained damage or require cleaning. Investing in quick repairs or even a deep cleaning service can go a long way in boosting your property’s resale value. Consider installing exterior cameras or security lights as a preventative measure for future safety
