Most landlords think the worst thing about a vacant rental property is the loss of income. The reality is that it can turn into finding unauthorized occupants (squatters) on your property. If you don't handle the matter correctly, it might land you in legal trouble. If you ignore it, the settler can even gain legal ownership of the property. Knowing how to navigate through these circumstances can lead you to the best possible outcome.
Eviction Process for Squatters in Milwaukee
Initiate the Eviction
To begin the process for eviction, you need to establish that the occupant is squatting on the premises as opposed to tenants who have the right to be there. You can then provide an eviction notice. The notice period will vary depending on what you file. The types of eviction notices that comply with Wisconsin law are:
- 5-day pay-or-quit (for failing to pay rent)
- 5-day cure-or-quit (for lease or legal violations)
- 14-day quit (for repeat violations)
- 5-day unconditional notice to quit (for threats of harm or criminal offense)
Considering Legal Action
If the squatter refuses to leave the unoccupied property after being served with a written notice, you can legally remove them by filing an eviction lawsuit with the local court. You will need proper documentation for the legal process, which can become complex.
Upon successfully processing the legal requirements, local law enforcement will handle the removal of the occupant. If you're unsure about what to consider with Wisconsin squatter's rights, it's best to consult a real estate attorney or a property management company that can handle the eviction proceedings.
How to Deter Squatters from Your Vacant Property
Securing the Premises
Property owners protect their vacant properties by securing the unit, which can be achieved by changing the locks, repairing any damages, and taking other additional measures like installing surveillance technology. This way, you can monitor the property without having to go to the location.
Avoiding Vacancy
Make sure that your rental property is not vacant for too long. Market your real estate rentals to attract prospective tenants or have a property manager do it for you. Companies like Performance Asset Management have marketing strategies that can advertise your property professionally and ensure a low vacancy rate.
Putting Up Signs
You can try simple measures like putting up signs stating that the unit is private property. Post a clear "No Trespassing" or "Private Property" sign, and make sure that it is clearly visible. You can do this by setting up lighting so people can still see it when it's dark.
How Squatters Can Gain Legal Ownership Through an Adverse Possession Claim
If you ignore an abandoned or vacant property for too long, they can claim legal ownership under adverse possession laws in Wisconsin. For the squatter to become the legal owner, they must first file an adverse possession claim based on their legal rights. Here are the requirements they need:
Falling Under the Following Types of Possessions
- They conduct hostile possession by occupying the property without the owner's permission, although "hostile" does not necessarily mean that they did so in an unfriendly manner, as per GRGB Law.
- The trespasser has actual possession by occupying someone else's property, treating it like their own.
- They occupy the property through open and notorious possession, which means that they live in the property openly with the landlord's knowledge.
- The unauthorized occupant falls under exclusive possession of the property upon controlling it for a continuous amount of time.
If They Pay Property Taxes
Adverse possession laws in Wisconsin state that the occupant can claim adverse possession if they have proof of having paid property taxes for seven years. It should be full payment for all the real estate taxes under the property, or they cannot use this requirement for a successful claim.
Occupying the Property for a Certain Length of Time
Property owners will have to neglect their abandoned or unoccupied property for a long time before it falls under adverse possession laws. Squatters in Wisconsin have to occupy the property continuously for 20 years before they can establish legal ownership.
Possession Through Color of Title
"Color of Title" only appears as a legal title but is not recognized as one in property law. However, squatter's rights in Wisconsin state that the trespasser only needs to show 10 years of continuous possession to qualify for adverse possession claims. The person claiming adverse possession must also prove that they have been living on the premises in those 10 years while having good faith Color of Title.
Disputing the Claims Under Wisconsin Adverse Possession Laws
Property owners can dispute the claims of a squatter trying to establish adverse possession without ignoring squatter's rights in Wisconsin. There are certain steps to follow to avoid violating local laws.
Speaking with the Occupant
A property owner should first speak to the unauthorized occupant to clarify that the real estate unit has a rightful owner. Chances are the trespasser would leave willingly, but you can resort to legal action if they claim squatter's rights for adverse possession in Wisconsin.
Filing an Action to Quiet Title
As the property owner, you can file an Action to Quiet title to officially claim ownership. It's the legal method under adverse possession in Wisconsin, and property owners are advised to consult an attorney or a property manager to help with the legal aspects of the proceeding.
How Performance Asset Management Can Help You
Evicting a squatter from your property can be a stressful ordeal, especially since you won't know who you will encounter and how they will react. You can hire a property management company to handle the matter, as well as to prevent it from happening.
Performance Asset Management conducts regular inspections to ensure that your property is always in top shape. We also provide eviction protection and handle the proceedings, even covering the costs of a simple uncontested eviction.
Try our free Vacancy Loss Calculator to determine your rental income considering your occupancy rate and see our digital tools in action.
