To evict a squatter, you almost always have to go through a formal court process: serve a written notice to vacate, file an unlawful detainer lawsuit if they ignore it, win a judgment, and then have the sheriff enforce a writ of possession. Skipping those steps and trying to force someone out yourself is illegal in nearly every state, and it usually ends up keeping the squatter in your property longer, not shorter.
Start With a Call to the Police
Call local law enforcement the moment you discover someone living on your property. Tell the dispatcher you’ve found an unauthorized person on your property and you believe they are trespassing. Do not label the person a squatter yourself. Let the officers make that call once they arrive.
Bring proof of ownership to meet them: a copy of the deed, recent property tax records, or a mortgage statement. If the officers decide the person is a trespasser, meaning someone who just broke in and hasn’t settled, they can often remove the person that day. If they decide the person has established some form of residency, by bringing in furniture, receiving mail at the address, or staying for an extended period, they’ll tell you it’s a civil matter and send you to court. That’s the moment the eviction process begins.
While you’re on site, document everything. Take dated photos and video of the condition of the home, the squatter’s belongings, any damage, and signs of occupancy like mail or running utilities. Ask any neighbors who’ve seen the occupant to write short statements with dates. All of this becomes evidence later.
Do Not Try to Remove Them Yourself
Nearly every state bans what’s called a “self-help” eviction. That covers changing the locks, shutting off water or electricity, hauling the person’s belongings to the curb, and using threats or intimidation. These feel like reasonable responses to an unreasonable situation. They are also illegal.
A squatter who is illegally locked out or has utilities cut can sue you for damages, including temporary housing costs. Some states let the court award up to three times the occupant’s actual damages plus attorney’s fees. Worse, a self-help attempt can give the squatter a defense in your eviction case, which means the shortcut you tried extends their stay. Judges treat the court system as the only legitimate way to remove someone from a residence, even an unauthorized one.
Serve a Written Notice to Quit
The formal process starts with a Notice to Quit (also called a Notice to Vacate). This written document tells the occupant they must be out by a specific date. Include the property address, the occupant’s name (or “John Doe” or “Jane Doe” if you don’t know it), and the deadline. Many state and local court websites publish templates that match their requirements.
How long the notice period runs depends entirely on your jurisdiction. Some states require as little as three days for an unauthorized occupant. Others require 30 days or more. Using the wrong period is one of the most common mistakes property owners make, and it forces you to restart the whole process.
Delivery rules matter just as much. Personal delivery to the occupant is the most straightforward method. Many jurisdictions also allow certified mail with a return receipt, which gives you a paper trail. Some permit posting on the door when the occupant can’t be found. Keep copies of everything and document how and when you delivered the notice. If you can’t prove proper service, the judge will throw out your case.
File an Unlawful Detainer Lawsuit
If the deadline passes and the occupant is still there, file an eviction lawsuit, formally called an unlawful detainer action, with the local court. You’re asking a judge to order the occupant’s removal. Submit a complaint along with your deed, a copy of the notice, proof of how and when it was delivered, and any evidence of the unauthorized occupancy.
Unlawful detainer cases are summary proceedings, meaning they move faster than typical civil lawsuits. Where a standard civil defendant might have 30 days to respond, an unlawful detainer defendant often has only 5 to 10 court days. If the occupant doesn’t respond at all, you can usually get a default judgment.
At the hearing, you need to prove three things: that you own the property, that the occupant has no legal right to be there, and that you followed every notice requirement. If the judge agrees, the court issues a judgment granting you legal possession.
Get a Writ of Possession and Let the Sheriff Act
A judgment alone doesn’t physically move anyone out. For that, you need a writ of possession, sometimes called a writ of restitution or writ of assistance. This is a court order directing law enforcement to remove the occupant.1U.S. Marshals Service. Writ of Assistance Deliver the writ to the local sheriff’s or marshal’s office. They are the only officials authorized to carry out the eviction.
Once the sheriff has the writ, they’ll typically post a notice on the property giving the occupant a final window, often 24 to 48 hours, to leave voluntarily. If the occupant stays, the sheriff physically removes them. In many jurisdictions, you or your agent can then change the locks and move any remaining personal property to the property line. Expect the sheriff to charge an hourly standby fee for keeping the peace during the removal.
Consider Paying Them to Leave
Sometimes the fastest and cheapest way to get a squatter out is to pay them. A cash-for-keys agreement does exactly what it sounds like: you offer a set amount of money in exchange for the occupant vacating by an agreed date and leaving the property in reasonable condition.
Typical payments run between $1,000 and $3,000. That number can feel offensive given the circumstances. Weigh it against a contested eviction: attorney fees that can reach $5,000, court filing fees, weeks or months of hearings, and ongoing damage while the squatter stays. Many experienced landlords treat cash-for-keys as a business decision.
If you go this route, put the agreement in writing. Include the move-out date, the payment amount, the condition the property must be left in, and clear language that the occupant surrenders any claim to the property. Don’t release the money until the property is empty and you’ve changed the locks.
What It Costs and How Long It Takes
Court filing fees for an unlawful detainer action generally run from about $50 to $500 depending on the jurisdiction. An attorney will charge anywhere from $500 for a straightforward uncontested eviction to $5,000 or more if the squatter fights back, files counterclaims, or forces a trial. Most eviction attorneys bill hourly, so every delay the occupant creates adds to the bill.
The sheriff’s fee to execute the writ typically runs $50 to $150. Add property repairs, cleanup, re-securing the premises, and any lost rental income. Even a smooth eviction usually takes several weeks to a few months from first notice to physical removal. Contested cases can run six months or longer.
Why Speed Matters: Adverse Possession
Every day a squatter occupies your property without permission, they are potentially building toward an adverse possession claim. That’s the legal doctrine that lets someone eventually gain ownership of property they’ve used openly for a long enough period.
To win on adverse possession, the occupant generally has to prove possession that is open and obvious, exclusive, hostile to your interests (meaning without your permission), and continuous for the state’s full statutory period. Those periods range from as few as 2 years in narrow circumstances to as long as 60 years for certain property types like uncultivated woodland. Most states fall somewhere between 5 and 20 years. Some states shorten the period when the occupant has “color of title,” meaning a document that looks like a valid deed but is legally defective. A handful also require the occupant to have paid property taxes during the statutory period.
The practical takeaway: acting quickly interrupts the clock. A property owner who inspects regularly and responds immediately to unauthorized occupancy has very little to worry about from adverse possession. One who ignores a vacant property for years does.
If the Person Was Once a Tenant
Not every unwanted occupant is a squatter in the strict sense. A holdover tenant is someone who once had a legal right to be on the property, like a renter whose lease expired, but who stayed after it ended. The holdover has an expired agreement rather than no agreement, and that difference matters. Your state’s landlord-tenant notice requirements apply instead of the more general trespass-based approach, and a judge will treat the case differently. If your occupant was ever a paying tenant, check your state’s landlord-tenant statute before serving any notice.
Keep It From Happening Again
Squatters overwhelmingly target properties that look abandoned. Making a property look occupied and monitored is the single most effective prevention.
- Visit the property at least once a month, or pay a property manager or cleaning service to do so. Regular foot traffic signals that someone is watching.
- Secure every entry point. Fix broken windows, reinforce loose doors, and seal utility openings. Check roof access and even mail slots, which can be used to reach in and unlock doors.
- Install a security system. A monitored alarm with notifications is ideal; a visible doorbell camera is the minimum.
- Consider a live-in property guardian. These services place vetted occupants in vacant buildings at below-market rates, giving the property round-the-clock presence.
- Manage utilities with care. Shutting off water and power makes a space harder to live in, but running vacant too long can trigger your insurer’s vacancy clause and gut your coverage. Ask your insurance agent before you decide.
- Keep the exterior maintained. Mow the lawn, clear the mail, and pick up flyers. An overflowing mailbox tells the neighborhood nobody is home.
Prevention is always cheaper than eviction. A camera and a monthly property check cost a small fraction of what even an uncontested eviction runs, and they stop the problem before it starts.