Squatters in Lake County?

I suspect we'll be hearing more and more about these "Squatters" over the next few years, that is unless lawmakers get busy and come up with a solution. Squatters are groups or individuals (Often very organized groups) that are on the lookout for unoccupied homes to claim as their own. Unoccupied homes  are now a little more common as a result of foreclosures. Other homes could be unoccupied as a result of a couple who both temporarily leave a home after/during a divorce, a snow bird while they're away or just simply a family on vacation. All these unoccupied homes are at risk of attracting squatters.

Historically, squatters have been around for a long time. They exist internationally in large and small quantities depending on the country and the area's economic status. In America, squatters have historically occupied abandoned buildings and vacant land. In recent news, you may have heard about a few extreme cases of them occupying abandoned mansions in this economic downfall we're facing. In my practice, I've seen them moving closer and closer to this area. I've handled a few of these types of cases in Orange County, but now I'm actually getting them right here in Lake County.

Squatters (individuals, couples, groups, families, etc.) enter unoccupied residences and literally move right in and call it home. Some bring their own furniture and household furnishing, while others just take ownership of your belongings, sleeping in your bed and wearing your fuzzy bedroom slippers. They are frequently able to set up utilities online, create fake leases, and even change the lock on the front door. Easily installed outside cameras can give them the advantage of preparing for your visit/discovery as well. Despite the urge for property owners to kick in the door and forcefully retake possession of the property, that is not a recommended approach, as it will most likely land you in jail or worse. Squatters can potentially claim (at least try) to fall under the protection of tenant laws until you as the property owner prove otherwise. These tenant laws, which were originally created with the good intention of protecting legitimate tenants from being mistreated by dishonest landlords, have now been exploited by squatters.

Removal of these squatters is complicated as police don't want to get involved in what they see as a civil matter. Remember police deal with criminal matters. Tenants, whether invited or not, are seen as a civil matter, which is handled through the Courts first. You as the owner of the property have to prove in a court that the squatter has no legal right to occupy the property (prove it's yours, no lease/rental agreement, not a visitor, etc.) You can expect that a squatter will lie, claiming they have a lease, utilities in their name, etc. The process of taking them to civil court and/or filing an eviction can prove even more difficult as the name/identity of the squatter is necessary  to file an eviction against them. These criminals are smart and their identities are often unknown. They will move in and out of the house at night and leave vehicles inside the garage (if they have a car) making it difficult to identify a vehicle tag number. The squatters do not have mail delivered to the home, so you can't snoop in the mailbox (also illegal). Property owners are at a real disadvantage. Once the squatter's identity is discovered (which usually requires an investigator or some really helpful neighbors) a civil case can be filed. Property owners, if they do the right things, are generally successful at removing the squatters and regaining possession of the property, but it is not without it's share of headaches and legal fees.

To avoid problems with squatters, please do not leave your home/property unoccupied. If you leave on vacation, just need a break or leave seasonally as a lucky snow bird, get a house sitter or someone to come over regularly and check on the home/property. Have your property watcher move things around outside, turn on different lights (inside and outside) and leave them on for a day, collect mail, put trash out/collect garbage cans afterwards, consider getting a home security alarm, cameras installed outside, etc. Think of ways to keep your home/property looking occupied while you're away. Also, consider watching the homes around you and become very proactive on this issue in your neighborhood. If you find your property occupied by a squatter, get started right away by hiring an attorney. It will be a process, but play by the rules and you'll likely get your property back. You do not want to wait to take action.

If your home is in the process of foreclosure, do not leave it empty. Live there as long as possible, keep the utilities on and pay the HOA (Home Owners Association) fees. If you must leave the home before it is foreclosed upon properly, then consider renting it out and put the money into an account to pay the upcoming IRS tax liability, which will be the topic of future blogs. You might also get a family member to live there or call a local church to place a family there temporarily.