Landlords Confront Rising Squatter Issues, Occasionally Resulting in Fatal Outcomes

PHOENIX—A property manager in Phoenix shares that managing transient “squatters” is among the least enjoyable aspects of the real estate industry.

Sometimes, circumstances are beyond your control, Calvin Favata from Your Holdings informed The Epoch Times.

Rashaad Johnson, 29, had been living in a Your Holdings rental in South Phoenix for roughly two months without issues. However, he was a “nice guy” who occasionally permitted squatters from the unoccupied house across the street to use his shower, according to Favata.

Favata reported that the shower arrangement soon became “unmanageable,” leading the company to intervene.

“We even installed padlocks and deadbolts on the bathroom doors to prevent them from using it,” Favata stated.

On October 14, one of the squatters requested to use the shower. When Johnson refused, the man, clad in body armor, allegedly threatened Johnson with a gun.

The alleged assailant returned and fatally shot Johnson while also injuring another tenant, a 32-year-old woman who accompanied him.

Favata remarked that Johnson’s tragic death was seemingly “over a shower.”

“Since that incident, I’ve been here daily, ensuring we have cameras back up,” Favata told The Epoch Times while retrieving tools from his company truck parked outside the residence.

He noted that squatters have always been a challenge, and the situation has worsened in the Phoenix area recently.

“It’s pretty much every vacant house you see. I initially thought it would be a rare occurrence,” Favata commented.

“At our recently acquired property, I had to address all the electrical and plumbing issues. They stripped out all the copper from the house.”

‘Snowbirds’ Targeted

Scott Blake serves as the constable for the Hassayampa District, one of the largest districts in Arizona’s Maricopa County, encompassing Phoenix.

Blake, similar to Favata, has observed a rise in squatters in recent months, attributing it to escalating homelessness, rising rents, and the influx of snowbirds.

During the summer months, thousands of snowbirds vacate their Arizona properties for cooler climates, returning in the winter. Some seasonal residents return to find strangers occupying their homes, refusing to leave.

“There exists a subset of the population that seeks to minimize their living expenses. If they can live rent-free, they will,” Blake remarked.

“This is occurring more frequently than ever; I now see it weekly. Most of the time, when law enforcement confronts squatters, they choose to leave. It’s rare for it to escalate to my involvement.”

Blake noted that the recent shooting in Phoenix highlights the potential dangers when landlords or tenants confront alleged squatters.

Recent incidents in other states have also drawn attention to the issue.

In March, two suspected squatters were arrested for allegedly murdering an apartment resident in New York City and hiding her body in a duffel bag in Pennsylvania, according to media reports.

In October, authorities in Los Angeles indicated that a homeowner in Van Nuys was assaulted by a suspected squatter. The homeowner managed to restrain the intruder until police arrived.

Another alleged squatter was apprehended in May, charged with first and second-degree murder for the deadly shooting of two men contracted to clean a residence, local media reported.

“More alarmingly, if a squatter occupies a property long enough and meets certain conditions, they may ultimately legally claim ownership through a process known as adverse possession,” the site explains.

A Notice to Vacate is issued to squatters, requiring them to leave the property within a specified timeframe to initiate the eviction process under Arizona law. The subsequent step involves filing an eviction lawsuit in court to remove the squatters.

Blake indicated that the entire procedure can last up to 21 days.

“Arizona is fortunate to have one of the most expedited eviction processes in the nation,” he explained. “In contrast, in states like California, it may take as long as a year.”

An ‘Invasion’ of Squatters

The Apartment Association of Greater Los Angeles (AAGLA) reveals that squatters have become a major issue not just in California, but throughout the United States.

“Thousands of properties nationwide are being invaded by squatters who occupy them rent-free, causing extensive damage, or in more severe cases, injury or death to property owners—and there is no quick or easy legal recourse for property owners or law enforcement to remove them,” states the organization’s website.

The organization noted that online communities and dark forums have emerged offering guidance on how to unlawfully enter properties and “establish a right to remain there.”

Blake explained that sometimes, a squatter may present a fabricated lease to law enforcement, which then treats the situation as a civil matter.

“They could easily create a simple lease or find one online. One method to safeguard yourself—especially in retirement communities—is to ensure your computer is password protected,” Blake advised.

“You wouldn’t want someone squatting in your home to access your computer and realize it lacks protection. They could send that lease to themselves using your information.”

The AAGLA highlighted that authorities often delay taking action, viewing it as a non-crime or civil issue.

Some homeowners have resorted to hiring armed vigilante groups to pressure squatters and encourage them to leave.

Favata expressed his frustration when he feels that the law seems to protect squatters over landlords.

“In a previous incident at another property, we dealt with numerous occupants not paying rent,” he recalled.

After boarding up the doors when the squatters were away, he recounted, “The police arrived, broke down the plywood, and allowed everyone back inside.”

A New York City homeowner was arrested in March for changing her door locks to keep out squatters, despite having the property deed, local media reported.

In New York State, landlords cannot shut off utilities, alter locks, or seize property from anyone claiming to be a tenant.

At least four states are pursuing anti-squatter legislation to tackle the growing issue, including New York, which proposed Senate Bill 8867. This bill aims to empower law enforcement to immediately evict squatters upon receiving a sworn complaint from the property owner.

Squatter Bill Killed in Arizona

In February, Arizona legislators passed a bipartisan measure that would have allowed immediate removal of suspected squatters by law enforcement.

However, Arizona Governor Katie Hobbs, a Democrat, vetoed the bill in April, arguing that it “fails to utilize existing systems, respect the due process rights of legitimate tenants, and mitigate unintended consequences, like those affecting domestic violence victims.”

Senator Wendy Rogers, a Republican and the bill’s primary sponsor, described it as a well-considered initiative addressing a growing problem of squatting and emphasizing the importance of property rights.

“Our Senate legal experts, along with our counterparts in the Arizona House, greatly contributed to making the legislation as comprehensive as possible,” Rogers informed The Epoch Times.

“In a timely manner, we incorporated practical aspects of Florida’s squatters law that had recently been enacted, along with a helpful checklist for law enforcement.”

Co-sponsor Senator John Kavanaugh, also a Republican, stated that the bill would have streamlined the eviction process for homeowners, reducing legal costs.

“These individuals are not tenants who have simply fallen behind on their rent or breached their lease agreements. We’re dealing with people who intrude into properties without any contract with the owner,” Kavanaugh remarked to The Epoch Times.

“It can be challenging for law enforcement to evict them. The removal process typically requires court proceedings and hearings.”

Kavanaugh emphasized that the Phoenix shooting incident illustrates the potential for violence when confronting a squatter.

“At every level, this is a profoundly serious crime. If someone shoots you, it epitomizes the height of horror,” Kavanaugh stated.

“However, discovering that you cannot live in your home because squatters have taken residence, only to peer through the window and see extensive damage and chaos in the space you’ve built and maintained, is equally horrifying.”

“That’s why swift removal of these intruders is imperative, including prosecuting them for their property damage and trespassing, as a matter of justice and prevention against future incidents.”

Some lawmakers have noted that squatting issues are also linked to illegal immigration.

“This legislation has become critically necessary due to the recent uptick in illegal aliens squatting in American homes,” Meuser asserted in a statement.

Tips for Home Protection

Blake recommends that homeowners regularly check on their properties, especially if they will be away for extended periods.

He suggests arranging for a relative or neighbor to monitor for unauthorized occupants or utilizing professional house-sitting services.

“In Arizona, if you come home and find someone inside your residence, and that individual presents a lease, the situation becomes a civil matter,” Blake explained.

He emphasized that it’s crucial for a home to not appear vacant.

Installing security systems, surveillance cameras, and motion-activated lights both inside and outside the property, along with securing all doors and windows, including garage doors, is advisable.

A “for rent” sign might indicate potential vacancy, thereby attracting squatters.

Blake advises against directly confronting suspected squatters, emphasizing the importance of contacting law enforcement immediately.

“You can never predict how many individuals may be present,” Blake cautioned.

Ten states uphold Castle Doctrine laws, allowing homeowners to utilize lethal force for self-defense within their properties without the duty to retreat.

Arizona is among the 20 Stand Your Ground states, where individuals aren’t required to withdraw when facing a threatening situation, unlike ten states that mandate retreat.

Blake advocates for more stringent statutes against squatting, indicating that the issue will likely intensify before improvements are seen.