Due to Adverse Protection Laws, a squatter (one who occupies an unoccupied property without the owner's permission) now has rights in all 50 states!
The nation has seen a growing trend which many attribute to a Venezuelan tik-toker with +500K followers who has called upon illegal immigrants to seize American homes, and has even detailed how they can accomplish this.
You may think that if you came home and found someone there that you could call the police and have them removed?
It is not always that simple. The squatter could simply lie to the police about having a lease, and the police will view it as a civil matter and tell you to take it to court, which could be drawn on for years and cost you thousands of dollars.
According to ARS 12-522, "when a party is in possession of real property and claims it only by right of possession, actions to recover possession from them must be commenced within two years after the cause of action accrues and not afterward."
Here are some precautions you can take to deter squatters:
Put up a "No Trespassing" sign on vacant property and take a photo of it frequently so you have the time and date stamp as proof of your effort.
Make the house as secure as possible including installing an alarm system, putting bars in sliding glass doors, adding motion lights, and even board up windows if the house will be vacant for awhile.
Avoid posting a "For Sale" sign outside the house or anything that will draw attention to it being vacant.
Require multiple forms of identification and verification before renting your home to someone.
Vote for politicians who protect homeowner rights.
In April, 2024, Senate Bill 1129 was introduced to provide protection to homeowners against squatters.
All a homeowner would need to do to regain control of their property is fill out a sworn affidavit claiming the squatter is not a current or former tenant, show proof they are the homeowner, and the police would be able to remove the squatter.
Democrats argued the bill disrespects the "due process rights of lawful tenants," and the bill was vetoed by Governor Katie Hobbs.
What should you do if your home has been taken over by a squatter?
According to PropertyCtrl, if your home has been taken over by a squatter, the best first course of action is contacting the sheriffs department. While they may not be able to help you (depending on the circumstances), this will start the paper trail needed to continue the legal process of eviction.
You will then want to contact an attorney experienced in eviction laws and squatter rights in Arizona to file a Quiet Title Lawsuit. With any luck, the process can stop there.
Elderly Beware
Elderly homeowners who require caregivers are quickly becoming an easy target for squatters.
Squatters are manipulating these trusting and unsuspecting men and women into providing them free places to live, giving them access to their bank accounts, signing over life insurance policies and even taking over ownership of their homes.
In many of these cases, these squatters have lived in and controlled the home for years, causing stress, health concerns and a feeling of hopelessness for the homeowner.
If interested, there are activists out there who might be able to help. Flash Shelton is one example.
You can follow and contact Flash on his Instagram account here.
