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Squatting can be a short-term housing
option or it can evolve into long-term housing. People who
squat often do so for political reasons, but some people do it
because they simply cannot afford the high cost of housing. Squatters really do not have many legal rights because they are
viewed as trespassers by landlords and society in general. To
be arrested for trespassing, though, the property owner needs to
make a complaint with the police. If the police find you but
the property owner has not complained and you are not causing a
disturbance, you should be able to remain on the property, at least
for the time being.
Legal rights in the United States are generally stacked toward
property owners, but squatters can do some things to improve their
situation. First, there is something called adverse
possession, which says that if you use or live on someone else's
property long enough, the owner may essentially abandon his rights
to the property. Usually, though, the statutory
requirements are 5 to 20 years for adverse possession to
occur.
Squatters are considered just that because they are not paying
rent, and they do not have the landlord's permission to be on the
property. But rent does not have to be money; it can be
providing maintenance and security in exchange for a roof over your
head. And a lease agreement does not have to be written
down. If a squatter tries to establish the appearance of
tenancy, not just squatting, he may forestall the landlord's
inevitable attempts to remove him from the property. To
this end, the squatter may want to make the property look like a
home by putting some furniture in it, by putting utilities in his
name at the address and by having mail sent to the address. When the inevitable showdown with the police and the landlord comes,
the squatter may be looking more like a tenant than a squatter and
it may be harder to have him removed.
Contact us if you
need legal help with squatters' rights.
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