As a property owner, having to deal with a trespasser on your investment property can be anything but easy. This is especially true if there is a threat of harm or hostile behavior.
Before confronting the issue, it’s important to familiarize yourself with the law. This will help you know what you can and cannot do when it comes to removing the trespasser.
Today’s article will help educate you on everything you need to know when it comes to removing trespassers. Keep reading to learn more!
Who Is a Trespasser?
A trespasser is someone who enters someone else’s property without their permission. This can even include someone else’s driveway or fence without seeking the owner’s permission.
From a legal perspective, trespassing can be a criminal offense, a civil tort, or both. It will all depend on the jurisdiction of the case. If a person, for example, trespasses on someone else’s property and commits theft, they may be liable to criminal charges.
For trespassers that cause property damage, they may be liable to civil charges as per the tort law.
Also, other situations may arise where a guest refuses to leave after being asked to by the property owner. In such a situation, the guest may be deemed to be a trespasser.
How Can You Identify a Trespasser?
As already mentioned, a squatter or trespasser is someone who overstays their welcome against their host’s wishes.
Now, identifying a trespasser isn’t always straightforward. That said, the following are some signs that you have a trespasser on your property.
- They don’t have your permission to be there. This can be someone on your property after hours, in a restricted area, or simply a guest who has refused your request to move out.
- Someone who disobeys any signs you have posted on the property. If you have erected “No Trespassing” signs on your property, then someone who ignores them is likely trespassing.
- Someone engaging in suspicious behavior. Someone who is, for instance, lurking around after dark or trying to break into locked areas is most likely a trespasser.
What Is the Eviction Process of a Trespasser?
With that in mind, how do you get rid of a trespasser from your property?
Know Your Rights
Understand what rights you have under state and local laws. Fortunately, as a property owner, you have certain rights and protections when it specifically comes to trespassers.
Ideally, you’ll want to work with an experienced real estate lawyer or an experienced property management company to help address the situation. You’ll get valuable information on what the best course of action to take would be. They may also help you in your legal proceedings against the trespasser.
Determine Trespasser’s Intent
If there is any danger posed to you, your family, or your property, seek law enforcement services. Your safety is the most important in such situations!
Kindly Inform Trespasser of Unwelcome Status
You can do this in multiple ways, including:
- Directly speaking to them
- Notifying them through written text
- Posting signage that your home is a private property
You will also want to let the trespasser know of the potential consequences of not heeding the notices.
Understanding Your State’s Eviction Process
This is key, as mistakes can be detrimental to your efforts.
If the trespasser doesn’t leave after notifying them, then you may be left with no other option but to evict them. Again, you will want to consult with an experienced real estate attorney or a property manager.
They will help you know the necessary steps required to win an eviction process in Missouri. Including, what eviction notice to provide the trespasser, how to file an eviction lawsuit, and what evidence to produce in court.
Know the Laws Regarding Self-Defense.
There are certain self-defense tactics you can’t deploy even while trying to protect your property. For instance, you cannot use deadly force against the trespasser. In other words, you cannot use more force than is necessary to remove the trespasser from the property.
The following is a general guideline on what may be permissible under the law.
- Start with verbal commands. Specifically, ask the trespasser to leave. Be calm and clear in your verbal command.
- If the trespasser refuses to leave after the command, you may be in the clear to use physical restraint. Consider doing this especially if there is no threat of violence. In this case, physical restraint means ushering them out of the property, but only if you can do it safely.
- Avoid any escalations. If there are any threats of violence or aggression, disengage and call the police.
Hire a Property Management Company.
A local property management company will have in-depth knowledge of the state’s trespassing laws. They can help you know your rights and how to remove the trespasser through the state’s legal frameworks and regulations.
What’s more, if you have a vacant property, they can help you fill it with a quality tenant. Plus, maintain it and manage the tenant on your behalf as you do other important things.
Conclusion
Removing a trespasser from your investment property isn’t as simple as just forcing them out. It requires knowledge of the state’s trespassing laws. Hiring a property manager can give you peace of mind, knowing that the process is handled reliably and professionally.
Young Management is a top property management company around Kansas City, MO. We can help you navigate the state’s real estate laws, as well as offer you top-notch apartment management services. If you have a question or need any other help, we’d be happy to answer your call!