Dealing with squatters can be one of the most challenging situations for a homeowner in Michigan. If you’re facing this issue, you may feel trapped and unsure of how to move forward with selling your house. Squatters occupy a property without permission, and removing them isn’t as simple as evicting a tenant. The legal process can be lengthy, and even if you’re able to remove the squatters, you may still face financial and emotional setbacks.
However, there are options available to help you resolve this situation. By understanding your rights and the steps you can take, you can find a solution that works for both your property and your peace of mind. In this blog, we’ll explore what squatters are, why it’s so hard to remove them in Michigan, and how you can still sell your house even with squatters present.
Legally, What Is a Squatter in Michigan?
A squatter is someone who occupies a property without the permission of the owner.
In Michigan, squatters move into vacant homes, sometimes gaining access through broken windows or doors. They stay without paying rent or any form of compensation, and they usually don’t have a legal lease agreement in place.
In Michigan, squatters can sometimes gain certain legal rights through a process called “adverse possession.”
It allows someone to claim ownership of a property if they’ve occupied it for a specific period (in Michigan, 15 years) and have met other requirements, such as maintaining the property and using it openly. While adverse possession laws don’t grant squatters immediate rights, they can make it harder to remove them after they’ve been living in a property for a long period.
Why Is It Difficult to Remove a Squatter from My Michigan Home?
Removing squatters from your property can be a frustrating and time-consuming process for several reasons. Unlike tenants who have a formal lease agreement, squatters do not have legal agreements in place, which complicates the eviction process. The laws governing eviction differ for tenants and squatters, so the usual tenant eviction process won’t work in these situations.
Legal Process Takes Time
If you have squatters on your property, you can’t simply ask them to leave. Instead, you must go through the formal legal process. In Michigan, filing for an eviction in court takes several weeks or even months. Squatters often know how to delay the process by filing counterclaims or requesting more time, making it difficult to get them out quickly.
The Risk of Adverse Possession
If squatters have been living on your property for a long period and meet the legal requirements for adverse possession, they may gain rights to the property. Even after you remove them, they may try to claim ownership of the house. The risk of this happening can complicate the sale of the property, especially if the squatters have been there for many years.
Local Law Variations
Michigan’s eviction laws can vary depending on the county, which means the process of evicting squatters may not be the same in every case. Some counties may have additional rules or steps that make it even more complicated for you to remove squatters from your home. Inconsistency leads to confusion and delays, prolonging the time it takes to resolve the situation.
Can I Legally Sell a Home with a Squatter?
Yes, you can sell a home with a squatter in Michigan, but the process becomes more complicated. The sale of a property with squatters requires a few extra steps, and not all buyers are willing to purchase a property with this type of issue. Some buyers may be open to the situation, especially if they plan to flip or rent the property. So, be transparent about the squatter issue.
Disclosing the Situation
It’s crucial to disclose the presence of squatters to potential buyers. Failing to disclose this information could result in legal repercussions down the road. Buyers may be able to back out of the contract if they find out about the squatters after closing. Make sure you’re upfront and honest about the situation to avoid complications.
Impact on Sale Price
A house with squatters can be difficult to sell for top dollar. The property may require additional legal steps to remove the squatters, which can delay the sale and cost money. Many buyers will offer less for the property to account for these additional risks and delays. However, some investors specialize in buying homes with legal issues like this, which may provide you with a quicker solution.
What Is the Best Way to Sell My House As-Is with a Squatter?
If you need to sell your home quickly, selling as-is may be your best option. You sell the property without making repairs or addressing the squatter issue yourself. In Michigan, one of the fastest ways to sell a property with a squatter is to sell to a cash buyer or real estate investor who is experienced in dealing with such situations.
Cash Home Sale
Selling your home to a cash buyer is the most straightforward way to sell as-is with a squatter. Cash buyers, especially those who specialize in distressed properties, are used to handling homes with title issues, squatters, or legal complications. They close quickly, sometimes in as little as a week, and they don’t require you to evict the squatter before closing. They’ll take on the responsibility for removing the squatter after the sale is complete.
Investor Buyers
Real estate investors often purchase homes with squatters, especially if they plan to renovate or rent out the property. Investors may be more open to these types of deals, knowing that they can handle the legal challenges and costs involved in removing the squatters. Selling to an investor can be a way to avoid the lengthy process of eviction and get cash quickly.
Title Companies and Legal Aid
If you’re planning to sell a home with squatters, working with a title company and seeking legal counsel is essential. A title company can help ensure that the sale proceeds smoothly, despite the presence of squatters. They’ll work with your lawyer to clear up any potential legal issues, such as claims of adverse possession, and assist with transferring ownership once the squatters are removed.
Additional Steps and Considerations
Selling a house with squatters requires careful planning and a clear strategy. Here are a few extra steps to consider as you move forward:
1. Consult a Lawyer
Before selling your property, it’s a good idea to consult with a real estate attorney who can help you navigate the legal complexities of selling a house with squatters. They can help you understand your rights, outline the best course of action for removing the squatters, and ensure that all legal paperwork is in order.
2. Secure the Property
If you’re still living in the home or attempting to sell it, consider taking steps to secure the property. Changing the locks or adding security cameras can help protect the home from further intrusion, even though squatters are already in the house. Make sure that all entry points are secure until you’re able to resolve the issue.
3. Consider the Timeframe
Selling a home with squatters may take more time than a traditional sale. Be prepared for delays, especially if you need to go through a formal eviction process or legal actions. Having realistic expectations can help you make the right decisions as you navigate the situation.
Conclusion
Selling a home with squatters in Michigan is undoubtedly challenging, but it’s not impossible. Understanding the legal landscape, being transparent with potential buyers, and considering the option of a cash sale can help you resolve the situation. Whether you choose to evict the squatters or sell as-is, there are avenues available to protect your interests and move forward with the sale of your property. With the right knowledge and strategy, you can navigate the complexities of selling a home with squatters and regain control of your financial future.
Write a blog on this topic:
‘Selling a House with Squatters in Michigan? Your Legal and Financial Options’
The blog must be at least 1,000 words. If you write less than 1,000 words, I will ask you to write it again.
Here are the prompts you must follow:
- Write in the 2nd person POV from the POV of the home seller.
- The content must be thought-provoking, interesting, and insightful.
- The tone-style must be conversational and professional
- Uses a variety of sentence structures to engage the reader and keep them interested.
- Do not use verb participles.
- Avoid common words and phrases used by AI writing tools.
Add this information to the article:
- Introduction 100 words divided into two paragraphs.
- Legally, What Is a Squatter in Michigan?
- Why Is it Difficullt to Remove a Squatter From My Michigan Home?
- Can I Legally Sell a Home With a Squatter?
- What Is the Best Way to Sell My House As-Is With a Squatter?
Do your research and add any other information you feel is helpful to the reader. Do not provide fluff or additional content just to meet the word count. Everything you write should be insightful and important.