Why is it illegal to kick out squatters?

It is illegal to kick out squatters primarily because the law mandates a formal legal process, known as "due process," to remove anyone from a property, preventing self-help evictions and maintaining public order. This legal framework is designed to protect occupants from being removed by force.

The Principle of Due Process

The core reason why property owners cannot forcibly remove squatters is the fundamental legal principle of due process. This principle requires that individuals be treated fairly under the law and prohibits arbitrary government action. In the context of property, it means that even if someone is occupying a property illegally, they cannot be removed through vigilante justice or force. Instead, a specific legal procedure must be followed, typically involving the courts.

This system is in place to:

• Prevent Violence and Chaos: Allowing property owners to use force to evict occupants could lead to dangerous confrontations, injuries, and a breakdown of public order. The legal system provides a safe and structured way to resolve disputes.
• Ensure Fair Resolution: Courts can evaluate all sides of a situation, including any potential claims the squatter might have, such as an expired lease, a misunderstanding, or even a claim to adverse possession (though this is rare and requires specific, long-term conditions).
• Protect Vulnerable Individuals: This system protects even those who are not legally supposed to be on a property from being unjustly or violently removed, especially if they have established a residence there.

Protecting Occupants and Incentivizing Responsible Property Ownership

Squatter's rights, which are largely created to protect occupants, ensure that individuals cannot be summarily thrown out onto the street. This legal protection extends even to those who have no legal right to be there, once they have established occupancy.

Furthermore, these laws serve a broader societal purpose:

• Reducing Waste: By requiring a legal process, the system incentivizes rightful property owners to stay current on property taxes and make productive use of their property. It encourages owners to be diligent in managing their assets, rather than allowing properties to sit vacant and fall into disrepair, which can negatively impact communities.
• Promoting Property Management: If property owners are aware that gaining possession requires a legal procedure, they are more likely to monitor their properties, address trespass early, and ensure proper security, rather than letting properties become neglected.

The Dangers and Consequences of Illegal Eviction

Attempting to remove a squatter without legal authorization is known as "self-help eviction" and carries significant risks for the property owner. Actions such as:

• Changing locks
• Turning off utilities (water, electricity, gas)
• Removing personal belongings
• Harassing or intimidating the occupants
• Physically forcing them out

These actions are illegal and can result in:

• Fines and Penalties: Property owners can face substantial fines from the local authorities.
• Lawsuits: Squatters can sue the owner for damages, including wrongful eviction, property damage, or even assault, potentially leading to costly settlements or judgments against the owner.
• Criminal Charges: In some cases, especially if force is used, the owner could face criminal charges.

The Legal Eviction Process: What Property Owners Must Do

To legally remove a squatter, property owners must follow the formal eviction process established by their local and state laws. While specifics vary, the general steps typically include:

1. Serve an Eviction Notice: The first step is usually to provide the squatter with a formal written notice to "quit" or vacate the premises. The type of notice and the required notice period depend on local laws and the specific circumstances (e.g., a "Notice to Quit" for trespassers, or a "Notice to Vacate" for former tenants).
2. File an Eviction Lawsuit: If the squatter does not leave by the specified date, the property owner must file an eviction lawsuit (often called an "unlawful detainer" action) in the appropriate court.
3. Court Hearing: Both parties will typically have an opportunity to present their case before a judge. The owner must prove their ownership and the squatter's illegal occupancy.
4. Obtain a Court Order: If the court rules in favor of the property owner, a judgment for possession is issued, along with a writ of possession.
5. Sheriff-Enforced Eviction: The writ of possession is given to a law enforcement officer (like a sheriff or marshal), who is then legally authorized to remove the squatter from the property. This is the only legal way to physically remove an occupant who refuses to leave.

By adhering to this legal process, property owners ensure that they are operating within the bounds of the law, protecting themselves from legal repercussions, and contributing to a stable legal environment.