A vacant property has more drawbacks than just a lack of income. If you're not careful, your ownership may be at risk because of squatters' rights and adverse possession laws in Boise. Should you encounter this issue, it is essential to understand the legal process for evicting squatters to avoid further complications.
What Can Be Considered as Squatting?
Squatting is when an occupant lives in a vacant or abandoned property without the legal owner's permission, or when their rental agreement has ended. Despite the illegal occupancy, property ownership can still be challenged through a squatter's adverse possession claim.
If you're unsure what squatters' rights in Idaho are or what constitutes adverse possession, it's advisable to hire legal counsel or a property manager who's well-versed in adverse possession laws.
Squatter Eviction Process
Politely Ask the Squatters to Vacate
Before diving into a lengthy legal process, it's a good idea to kindly ask the squatter to leave first. There's a good chance they'll agree to vacate the property without any fuss, saving you the hassle of filing a forcible or unlawful detainer lawsuit.
Serve a Formal Eviction Notice
If the squatter refuses to vacate the property, you can serve an eviction notice to start the process. There are two types of notices you can provide. A three-day notice, or a 30-day notice to quit. The latter is required for holdover tenants, whereas the former can be given to other types of illegal occupants.
Delivering the Summons and Complaint
If the squatter still refuses to vacate the property after the formal notice, you can now deliver a Summons and Complaint to the unauthorized occupant, 24 hours before the hearing. Eviction trials in Idaho Courts are scheduled 72 hours after the complaint has been filed.
Attending the Court Hearing
During the trial, you'll be given the opportunity to present evidence. You must prove that you are the property owner, that squatters inhabited the premises, that squatters forcibly stayed in the property, that there is no lease agreement or that it has ended, and provide a convincing and factual description of the property.
Acquiring a Writ of Restitution
Trials usually favor property owners, provided that solid evidence is presented. You can then acquire a Writ of Restitution and deliver it to the sheriff. The authorities will deliver this to the squatter and escort them off the property if necessary.
Squatters Gaining Legal Ownership Through Adverse Possession
Idaho law states that a squatter can establish actual possession through an adverse possession claim. Criminal trespassers can easily acquire your Idaho property legally if you neglect it for too long. According to Idaho squatters' rights, a successful adverse possession claim requires specific legal requirements.
- Living in the property continuously for 20 years. The given statutory period is only part of the requirements for legally claiming a property, as the squatter still must comply with five additional legal elements to leverage the adverse possession doctrine.
- Complying with the five legal elements. Exclusive possession (solely living in the property), continuous occupation (living in the property for 20 years), open & notorious possession (living in the property openly and where neighbors or members of the community are aware of it), and hostile possession (a hostile claim where they are unaware of faulty documents or are aware of squatting).
- Making improvements. Squatters can claim adverse possession when they have made efforts to improve the property during their stay, as per Idaho law.
- Holding color of title. It refers to the ownership of the property or unit without a legal title to remain on the premises.
- Paying property taxes. If they pay property taxes during the 20-year stay, they may have a valid adverse possession claim.
Keep in mind that in order to claim adverse possession in Idaho, the squatter must have all the legal requirements listed above. If they do, then squatters' rights in Idaho allow them to claim ownership.
How to Prevent Squatters in Boise
Fortunately, property owners with vacant spaces can take measures to deter squatters from settling in their rentals. This way, you can avoid concerns about squatters' rights and the possibility of them asserting ownership through adverse possession.
- Pay Your Property Taxes: When property owners pay taxes on time, they immediately eliminate one factor that gives squatters rights to acquire your property through adverse possession claims.
- Secure Your Property: Use strong lock systems to prevent unauthorized occupants from entering in the first place.
- Conduct Regular Inspections: Routinely checking your property not only helps you maintain it, but also allows you to identify any unauthorized occupants.
- Provide Alternatives: Instead of going through an eviction process, property owners have the option to offer a deal, wherein the squatter can legally stay by making rent payments.
- Consult a Lawyer: Consulting a lawyer about Idaho squatters' rights and adverse possession lets you make informed decisions about legal protections, or when a squatter makes such claims.
Boise Rental Property Squatters FAQs
Can I forcibly remove squatters from my property?
- Due to Idaho squatters' rights, you must go through a legal process for evictions. Consult with legal professionals to ensure compliance with local and state regulations.
How can I prevent squatters in Idaho from gaining a legal claim to my private property?
- In addition to securing your property and regularly inspecting it, you can prevent a squatter from making an adverse possession claim by paying your taxes on time.
Is it hard to protect my property from squatter claims?
- Not as tricky as it can be with other states. Idaho laws make it easier to evict squatters or fight adverse possession claims.
Taking the Task Off Your Hands
Navigating evictions, whether it concerns squatters or not, can be complicated. One wrong move can lead to legal action, and you might have a bigger problem on your hands. Leave it to experts like Wave Property Management to handle preventative measures, as well as deal with squatters when it comes to it.
With our vigilant property management, your vacant properties will be protected and leased faster! Our primary goal is to protect your property rights and maintain your investment.
Contact us today, and we can explain how professional property management can be highly beneficial for your investment!
