Squatters vs Tenants
A squatter is an individual who occupies a property without permission, rent payments, or a lease agreement. A tenant on the other hand has a legal right to occupy a property based on a rental agreement and pays rent. The contrast is critical in property management and legal contexts because it affects the rights and procedures for removing the individual from the property.
Ejectment vs. Eviction
The legal process differs significantly for tenants and squatters. Put simply, eviction applies to tenants while ejectments apply to non-tenants. Sometimes the line between tenant and non-tenant is muddy and seeking legal assistance can save you time and money. Evictions typically require notice prior to filing suit in the Landlord-Tenant Division of the Superior Court. On the other side, no notice is needed when filing for ejectment with the Special Civil Division of the Court.
Legal Standard Differences
Notice Requirements: Unlike eviction, ejectment does not require the landlord to provide notice to the squatter before initiating legal action. This lack of notice requirements can help speed up reclaiming the property.
Burden of Proof: In ejectment cases, the burden of proof lies with the property owner to demonstrate that the squatter has no legal right to remain on the premises. This involves proving ownership and the absence of any rental agreement.
Immediate Action
Once you learn of the squatters you should take action immediately. Allowing a squatter to remain on the property can lead to complications, including the potential for the squatter to claim a landlord-tenant relationship. Such claims can make it more challenging to remove the squatter. Immediate action helps ensure a clear difference between squatting and tenancy, preserving the property owner’s rights and interests.
Protect Your Property Rights
Understanding the differences between squatters and tenants is crucial for property owners and managers. If you suspect a squatter on your property, Contact UBFK Law immediately to explore your options for ejectment and protect your property rights!