The prospect of buying a home is complex enough, but what happens when there are squatters involved? In Washington, squatters are individuals who occupy a home without legal permission. They are entitled to certain permitted rights that can create a whirlwind of issues if you are not prepared. Being educated on your rights as a homeowner is crucial, as there are complex laws that squatters could use to help them claim adverse possession, such as squatter’s rights, which is largely situational and based on whether they have occupied a home for seven years or a specific period defined separately by the municipalities.
In fact, the eviction process, in general, is not as straightforward in Washington. There is a list of detailed steps that landlords have to be aware of if there are squatters present in their homes. Landlords have to follow specific legal procedures to defeat this, including filing an unlawful detainer action, where the property owner takes the tenant to court in order to regain control over the property. The process is littered with red tapes and is largely unhelpful. On top of that, some squatters may have defenses that can apply to them, making it even more difficult and prolonged for them to be legally evicted.
One common method that is often used to deal with squatters is the “cash for keys.” This actually involves offering the squatter an incentive and providing them with a lump (which is usually generally not too large, depending on what you agree upon) sum of money to absolutely leave your property. It is a win-win situation because other than benefiting from making the eviction process way less complex and lengthy, this typically offers a kinder and more conducive transition between landlords and tenants, allowing you to save more money — and time — in the long run because it will cost homeowners any expenses in legal and even property damage. This is most likely applicable everywhere worldwide and definitely in most states of America, including Washington, making it a very complex case.
Eviction Timeline and Costs
The eviction timeline can become pretty complicated (the Personal Health Journal has a fantastic breakdown) and extend from weeks to even months. If your landlord didn’t serve you with some kind of notice, this whole eviction process hasn’t even yet started. Typically, the Washington eviction process starts with the landlord giving the tenant a notice, which could be a three-day notice, a ten-day notice, or a 20-day notice, as examples. The landlord then has to file an unlawful detainer action in court, which leads to a lawsuit involving a court process that slows down the eviction timeline in Washington.
Legal fees can add up quick, especially if two or three (or more) court appearances are required, the tenant fights the eviction, legal motions are needed to be filed, and then there are the actual court costs. This article is not saying it is, or is not, a good buy, but recommending instead you should be made aware of the fact that people = $ and to endeavor to budget enough of a financial leeway into the deal if you plan on purchasing this home.
One last thing to consider, just because who doesn’t get emotional now and then. The process can be emotionally draining and take up waaaay too much time battling it out in court with unknown squatters.
Understanding Squatters’ Rights in Washington
“Squatters’ rights” or “adverse possession” are civil concepts whereby someone may gain rights in a property just by virtue of occupying it (openly and continuously) without the consent of the true owner. This often-overlooked area of law can lead to complex situations for homeowners and prospective buyers in Washington. Thus, it is imperative to understand exactly what squatters’ rights are, as they certainly can and will affect your potential financial outcomes.
For prospective buyers, the presence of a squatter makes things decidedly difficult. If there is (or, more likely, “are”) a squatter, they obviously would have to be evicted before you could take possession of the house, which could lead to a protracted legal battle that could put your sale into jeopardy and cost you significant sums of money. On top of that, if squatters have come and gone in the past and can show their occupation was open, notorious, and continuous, they may be able to claim ownership of the house from you.
Realtors and those planning to buy (or even rent) a house in Washington or elsewhere soon should consider the current climate of housing issues in the United States. Pricing is soaring, and sales are becoming more competitive. With this in mind, doing your research and working closely with people who understand the law in your area is in your best interests.
The Eviction Process in Washington
What is the eviction process for squatters in Washington? It is a very structured legal process that begins with the person who “ought to be the owner” serving the squatters with an initial notice. The notice is typically a kind of “notice to quit” or a pay-or-quit notice, and outlines the reasons the squatters must leave the property, and usually, but not always, includes a timeline to do so. It’s very important to understand this step of the process if you are looking to buy the house and the squatters are already in the house because sometimes it’s something you can do as the buyer. Kicking the squatters out wrongfully here will delay other steps of the process.
At the end of the notice period (if there is a notice period), if the squatters do not comply, the owner moves on to the next step of the eviction process: an eviction lawsuit papers (an “unlawful detainer lawsuit”) must be filed by the owner in superior court. At this juncture, paperwork requirements are due to the court, filing fees (typically $40 – $250) must be paid to the court, and a process server or law enforcement officer must prepare additional documentation. It’s also very important to understand this step because you are filing paperwork with, and paying filing fees to, the superior court of the county in which your property is domiciled. You MUST PAY TO EVICT. It’s not just $40 – $250 either … it’s a whole other line-item expense on your property purchase.
It’s at a trial that things get interesting (as if they weren’t complex enough already), the squatters can finally tell their side of the story. The trial is an interesting step, and not just because it’s a trial. Once the lawsuit papers are filed, the Buyer must then wait to be seen by a judge to explain themself. The owner must wait for their Judgment Day, which in itself, may take weeks, sometimes months just to get a court-date. The paperwork must match whatever details the superior court wants you to present at trial. A significant delay to get past this step may even compromise your entire deal.
If there is an eviction process for squatters in Washington, many of us home-buyers must know it. So far, we’ve established three things to be aware of before buying a house with squatters: notice requirements by the future owner – these notices may be the only things needed; you must know yours and the “squatters” rights; and, the cost to the owner, not just the buyer, because the final Judgment, the Writ of Execution must be carried out by the “winner” of the eviction. Knowing about these elements in advance can turn a buyer into a strategist. And that strategist is going to be ready and able to confront all the moves it takes to be a competent property owner.
Strategies for Dealing with Squatters
If you’re a homeowner dealing with squatters, using the “cash for keys” strategy can be a faster, easier, and less confrontational way to get back possession of your property. Here’s why.
Cost-effectiveness cannot be stressed enough here. Court actions often require several different court dates, and the cost to hire a lawyer can really add up fast. Not to mention, if you are unsuccessful in court for whatever reason (it happens quite frequently), almost no jurisdiction will award you, the homeowner, costs. The cost to evict can be high, and the damage to the property even higher—especially if the people you are trying to evict are not happy about it.
Negotiate. Like #1, buying off the squatters may be the best tactic to use. You can almost always negotiate something. Sometimes, money isn’t what they want—maybe they want more time before they have to move out, and you can help them find a new place. Maintaining this “we are in it together” strategy can really help preserve the time, money, and nerves of everyone involved. Who knows, you may even get a friend out of the deal!
Understand the law. This is different in every state, so you should consult the advice of an attorney. Juggling these strategies could result in a perfect plan for handling your squatter situation in the most effective—and kindest—way.
Tips for Buyers Considering Homes with Squatters
Buying a home with squatters is an extremely involved and risky process. If you’re interested, make sure to do your research. Look into the rules and regulations of your local area. Rules about squatting are often very different from state to state. It might turn out that these people have rights, and that could lead to a long, drawn-out legal process.
Who can help? Any real estate professional. Oftentimes, they can provide insight into the local market. They can also inform you of your options. They’ll tell you about the home’s value and give you ways to negotiate. Anything that you can think of, most agents have probably heard of it before and can guide you through the process. It will be up to you to weigh the pros and cons and make your decision.
Another professional who can help you? A lawyer. Should you buy this home, there will be legal consequences. A lawyer can tell you the effect of having squatters and your legal options (you might have to evict the squatters if you buy the house). There are a lot of things to consider here and it would be a good idea to know your rights upfront.
Again, if you’re not ready for all of that, then don’t buy a home with squatters. But if you are… well, look up.
For home buyers in Washington, squatters’ rights make the purchase of occupied theft a carefully considered dance through the shifting vagaries of legal technicalities.
“Squatters,” the term for people residing illegally in a home, may have certain types of recognized rights under state laws. Real estate buyers need to know what those state-based rights are because those rights affect the time it takes to evict a squatter.
In education there is the three R’s, Reading wRiting and aRithmetic, so, too in real estate we have the three A’s: Adverse possession, squAtters, and the Authorities. This short blog post comments on a few, only very few issues, but might be good for someone facing this issue for the first time.
So, how long does an eviction take? Quite a while, and you likely have to get a court order to evict.
During the time the situation is working itself out, you may have an empty home that could be vandalized or that might deteriorate. The property may be unoccupied. So, besides the legal issue of hiring and working with an attorney, after you get possession of your home, you may have to repair your home. That is not to say—sorry—because in Washington state, when you do take possession of the house, it is illegal to cut the utilities off the squatters, or to lock them out.
You might take what is known as the “Cash for Keys” approach and just pay the squatters to leave. The overall amount of money you come out of your pocket with may be less if you go this route.
But again, you increasingly need to know what you are doing, as you would be operating as a kind of bounty man, as there are legal technicalities related to offering remuneration to a recognized state-protected entity to vacate the premises of your purchased property or rent the house to them. Doing your research and knowing what it means to buy a house with squatters will help you better understand the complexity of your situation and figure out what you need to do next.