Snowbirds leaving their winter nests are worried about squatters. Here are some ways to breathe easier

PHOENIX — Snowbird season is ending in Arizona. 

As many travel back to Alberta and Illinois and Ohio, they leave behind their nests: Thousands of empty homes — and, if you believe social media, an opportunity for squatters. 

These uninvited guests — people who live in a house illegally — have rights in Arizona, but fewer protections compared to states like New York, where a woman was arrested for changing the locks to a home she inherited after discovering squatters inside.  The idea of the homeowner’s arrest has gone viral.

 It’s also keeping Arizona real estate attorney Jesi Wolnik’s phone ringing.

“Just this year, because of all the news about squatters, I am getting a lot of calls for consultations,” Wolnik said. “People who are snowbirds saying ‘What should we do? What preventative measures should we take?’”

RELATED: Smyrna homeowner says her nightmare is finally over after squatters moved into her newly purchased house

Getting rid of squatters

In some cases, getting rid of squatters is not as simple as calling 911. Wolnik said many law enforcement agencies treat the issue as a civil matter, and don’t want to risk being held liable for unlawfully removing or arresting someone. Wolnik said some squatters even present phony leases when they are confronted. 

“I have seen different responses from law enforcement based on what county you are in,” Wolnik said.

The Phoenix Police Department said officers will respond to complaints and investigate.  Squatters are arrested for trespassing if they are unable to provide any legal contracts proving they are allowed to occupy a property. 

“If the individuals inside the residence have some type of contract for renting the property, the owner would have to do an eviction,” Sgt. Brian Bower said.

The first step of the formal eviction process involves the owner or their representative posting a five-day notice at the property — letting squatters know they are trespassing and must leave immediately. If they refuse to vacate, Wolnik said an eviction action is filed in justice court.

“Let’s say we can get the squatter served, they then have five days to leave, or we can then proceed and show up for the hearing,” Wolnik said. “We explain to the court that they have no right to be there, they entered illegally by force, there’s no permission, there’s no lease, and then the judge will issue the writ of restitution.”

Police will forcibly remove squatters with that court order in hand — but getting one can take time and money. Wolnik said if you are lucky, the eviction process can take three to six weeks, and property owners can expect to shell out $600 to $800 on average.

Squatters in other states

Lawmakers in Florida recently passed a law allowing police to immediately remove squatters if a homeowner files a complaint. A person who gives law enforcement false documentation regarding property rights can also face criminal charges.

RELATED: Florida Gov. Ron DeSantis signs law related to squatters

RELATED: Squatters Reform Act gives property owners more rights in Georgia

RELATED: Sheriff: Squatters arrested in Arkansas after staking claim on land and claiming sovereign citizen status

Protecting against squatters

Wolnik said there are simple steps property owners in Arizona, especially snowbirds, can take to protect vacant properties. First, get to know your neighbors.

“Notify your neighbors who should be at the property or that there shouldn’t be anyone at the property,” Wolnik said. “If you do have somebody checking on the property for you, have them looking, you know, every week, every two weeks, don’t let too much time go between checking on the property.”

Another tip: Don’t let your home look vacant. Things like a pile of newspapers can be a dead giveaway.

Unlike the woman in New York, Wolnik said you won’t be arrested in Arizona for changing the locks on squatters.

“We do not have a state law here that says you can not lock a trespasser out,” Wolnik said.

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