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Updated almost 7 years ago on . Most recent reply

Account Closed
  • Rental Property Investor
  • Philadelphia, PA
94
Votes |
240
Posts

Removing squatters from property

Account Closed
  • Rental Property Investor
  • Philadelphia, PA
Posted

I am looking for some advice on the best way to remove squatters. Is it better to file for eviction or to file for ejectment? Also, will I be able to sue the squatter for the back rent that I could have collected and damage caused to the property and HOA fees for them living there? Thanks in advance for your advice. Also, how much capital is required to formally do an eviction?

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Roy N.
  • Rental Property Investor
  • Fredericton, New Brunswick
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Roy N.
  • Rental Property Investor
  • Fredericton, New Brunswick
ModeratorReplied

@Account Closed

Nice to see you participating in the forums ... and the small step forward of dropping one of your frequent {stuffed} keywords from your post.

The handling of a squatter vs a tenant will undoubtedly differ with jurisdictions, so the ultimate advice is to consult your legal counsel on the matter.

The crucial distinction - at least here - that that a squatter had no legal right to be at the premises and is essentially in trespass / illegal possession of the property.   This {often} means it is easier to {or your sole option is} have them ejected from the property.  Where there is no contract for rent, there is no real chance of a small claims (or a civil suite) awarding you back rent (unless the squatter is really a tenant who is overholding).   Seeking an award of compensation for damages may stand a better chance of success ... collecting, on the other hand, is bound to be the real challenge.

  • Roy N.
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