If you’ve seen the Netflix documentary “Worst Roommate Ever,” you might have learned about “squatters” for the first time. A squatter is anyone who begins to inhabit a piece of property or land without the legal right to do so.
Because certain states have “squatter rights,” it can make it extremely difficult to get someone who’s illegally inhabiting your space to move out. TheGrio’s Eboni K. Williams talks to real estate attorney Kiersten Mathews about how property owners can protect themselves against this rising problem.
The following is a transcript of their conversation.
Williams [00:00:11] That’s a recent clip from Atlanta news station WSB talking about squatters. Now, before the break, we were discussing how they’re taking over homes all across the country and why the process of kicking them out could drag on for months and cost you big money.
Here with me is real estate attorney Kiersten Mathews. Kiersten, thanks for staying with us. Now, why do you think we are seeing more cases like this lately? As some people are saying, it might be the spike in rents and mortgages, just housing is outrageous and unaffordable.
Or do you think this is a side effect from what we saw in the pandemic? Where, again, tenants and maybe even squatters were having lots of protection from evictions and so this is kind of a result of that trend.
Mathews [00:00:56] Absolutely. And honestly, it’s a combination of all the above. You have COVID that occurred where people were getting a lot of leeway in regards to the timing they had to do the property. And keep in mind that we know squatters to be individuals who are not lawfully there, but a regular tenant could then become a squatter.
After their lease is over, they refuse to move, they too become a squatter. So we’ve seen a lot of that due to COVID. Also, the fact that the interest rates to buy a home are very high. There are a lot of people who are no longer able to qualify and then renters are taking advantage of that. They’re also raising rent.
So the fact that we will always have scam and scammers, just these situations just kind of heightened that area for them to breed and do.
Williams [00:01:47] Yeah, it’s a real vulnerability. I think one of the things that we could reasonably suggest to property owners is be careful with a vacancy. Just be careful. And of course, you know, in the Army example we discussed in the show, this woman was serving this country that we all live in and helping keep us all free.
Nothing’s more commendable. Right? But whether it’s a property manager, a family member, somebody has got to put eyes on that property to make sure that your ownership rights are not being usurped right from under you because squatters rights are real. And as you said, what?
Depending on the state, I’ve seen as little as 10 years, certainly in Georgia, 20 years, if they can prove that possession that could be a real problem for the owner other than those suggestions. Kiersten, so what else do you recommend property owners do to protect themselves?
Mathews [00:02:38] You know, I also recommend that if they’re not individuals who live in the same city or state that their property is, that they hire property managers. You know, there are several companies who specialize in this. They’re there to maintain your law, but also check on the property until you actually have it rented.
Another thing I would advise is cameras, I mean, something as simple as installing cameras in your home to ensure that you’re always having eyes on the property is going to disturb scammers being able to move into the property. And then, of course, most importantly, you have to be vigilant and you have to do your due diligence, right? You have to ensure that when you have set property, you’re not doing anything to lose that property.
So that means keeping up with it, not just knowing that it’s vacant, but understanding if there’s any changes to your deed. So therefore signing it up for programs that your county may have to make sure that you are keeping this property that you work so hard for, because, I mean, we’re using this for generational wealth. The last thing you want to do is lose it to a squatter.
Williams [00:03:49] Absolutely. And something else that property owners have to be mindful of are the utilities associated with the property that they still own in many cases.
So if there’s power bills, if there are water bills that are accruing on that property by the squatters’ usage, the property owner, the legal property owner is still on the hook for that. Right? We know that’s the case. It doesn’t seem fair. But talk about how that can happen.
Mathews [00:04:13] Yeah, I think what a lot of people don’t realize is that, not all, but specifically water. Water is, in for a lot of the counties here in Georgia, they title to the property. So this is not a water bill that can just go away. Like, if you ever try to sell this property until it is attached to the property.
So therefore, it’s a bill you’ll have to sell and pay. So it’s like you mentioned, important to know that if you notice that you were having the bill that was only $20 and it’s going up to 50 or 100. If there’s any changes to it, that should be a red flag to know something is amiss. You know, there are times where people kind of chop it up to “oh, it’s a leak. I’ll get someone to fix it.” No, be proactive because what you think could be a leak could be a squatter.
And it’s really important that we push that because those utilities could also be on your credit so then it affects your ability to get future property in the future. People don’t seem to understand that one lazy misstep of presuming that everything is good, no scam could occur, could affect your life down the line. So, it’s just about being vigilant, doing that due diligence.
Williams [00:05:27] Yeah, we just got to have this conversation more openly and frequently, right? Because I’m the first to open my mouth and talk about the importance of ownership as an entry point for generational wealth, especially for Black people and home ownership, home ownership. But guess what? It’s really, it’s a lot of responsibility.
And everything that you’re putting out here, Kirsten speaks to the liability exposure that is evident and prevalent during home ownership. And when you start talking about these water bills and things like this, they do put liens on your property, period, and you will not be able to sell that property. You will not be able, like you said, it affects your credit score, your FICO score.
So what was designed to be a financial asset can become one of the greatest financial liabilities if you are not careful. So kind of final word, Kiersten, to property owners and homeowners that want to make sure that they never find themselves in this position.
Mathews [00:06:21] I’m going to give you a little bit more than one, I’m going to give you two. I’m going to say accountability and responsibility because be accountable to the fact that you do own this asset. And therefore, like you mentioned, let’s not make your asset become your liability.
You want to keep that property maintained. So that means if it does cost a little bit more, it’s a higher property manager in order to make sure that your property is still within use and not taken advantage by squatters, do so. And then also responsibility because it is your responsibility as the homeowner to make sure you maintain that status and that means doing the work.
Williams [00:07:00] Ms. Kiersten Mathews, Attorney at Law, we appreciate your time.
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