On The Market

216: Squatters’ Rights: What Lawyers Want Landlords to Know in 2024 w/Denise Medina and Patrick MacQueen

May 13, 2024

Legal experts Denise Medina and Patrick MacQueen discuss the complexities of squatters' rights and landlords' challenges. They explore eviction processes, prevention methods, and the historical origins of squatting laws. They also cover the impact of evolving regulations, the difficulties in real estate transactions, and the importance of proper documentation in rental agreements.

43:20

Creator website

Episode guests

Patrick MacQueen

Denise Medina

AI Summary

AI Chapters

Episode notes

Podcast summary created with Snipd AI

Quick takeaways

Understanding the historical basis of squatters' rights and the legal methods for reclaiming properties.

Implementing proactive strategies like 'cash for keys' agreements to prevent prolonged squatter disputes.

Deep dives

Understanding Squatters and Squatters' Rights

Squatters, people unlawfully occupying properties, have become a common issue for real estate investors in areas like Seattle due to the prevalence of vacant homes. Investors often encounter squatters in purchased properties, especially during development projects. Legal experts define squatters as individuals residing on property without legal permission. The definition of a squatter can vary by state law, but generally, it refers to those overstaying leases or rentals. The evolving concept of squatters now includes situations of extended stays by individuals who were initially welcomed but outstayed their welcome.

Introduction

2min

Navigating Squatters' Rights and Landlords' Challenges

9min

Navigating Real Estate Challenges in the Current Market

4min

Unpacking Squatters' Rights and Property Law

10min

Exploring Airbnb Income and Tax Strategies for Real Estate Investments

4min

Navigating the Legal Complexities of Squatting

10min

Navigating Evictions and Occupancy Challenges

5min

Importance of Proper Documentation in Rental Agreements

3min

Squatters' rights have been a serious subject of debate over the past few years. It seems that more and more investors and even one-off landlords are dealing with squatters staying in their homes, whether they’ve had a lease in the past or not. This puts landlords in a strange predicament: try to get squatters out the legal way or offer unconventional incentives to entice the squatters to leave on their own accord. But how can a landlord prevent squatters from getting inside in the first place?

Denise Medina and Patrick MacQueen, attorneys based in Detroit and Phoenix, are here to share exactly what a landlord must know about squatters’ rights and how to get a squatter out of your property legally. With new squatter laws taking effect in states like Florida, it seems that landlords and local governments have had enough. However, squatters’ rights remain strong in many other areas, such as James Dainard’s own Seattle, Washington. So what can landlords from either coast do to get squatters out?

We’ll break down where squatters’ rights even came from, how landlords can get the legal upper hand and get a squatter OUT of their property, the exact steps a landlord should take, the prevention methods to stop squatting in the first place, and how James deals with squatters frequently without ever having to go to court!

In This Episode We Cover

Squatters’ rights explained, and the ancient laws that they’re based on

Why state governments are getting tired of squatters and tightening up their laws

What qualifies someone as a “squatter,” and why it’s MUCH broader than you think

Evictions 101 and the steps every landlord should take to get a squatter out

“Cash for keys” and maneuvering around the courts to remove squatters

Trespassing vs. squatting and why the police CANNOT simply come and take a squatter away

And So Much More!

Links from the Show

Find an Agent

Find a Lender

BiggerPockets Forums