Constable shares tips on how to remove squatters

PHOENIX — Protecting your home from squatters can be as simple as making sure your house looks like someone lives in it.

But sometimes, that might not be enough.

Maricopa County constable Scott Blake joined the Chris and Joe Show on KTAR News 92.3 FM Monday to discuss the processes of removing squatters from a property.

So, what do you do if you find a person has illegally entered your home?

The first step, Blake said, is to call 911 and local authorities who may arrest the person for trespassing. Both squatting and trespassing are illegal in Arizona, but some may have rights.

If that person is able to produce a lease agreement, the issue moves from a criminal one to a civil one.

“If for some reason they happen to produce a lease agreement, well then that is going to start the eviction process,” Blake said.

“Generally they have printed up a lease agreement and they themselves sign it, and have another party sign it on behalf of the homeowner or property manager,” he added. “And, when that is produced to law enforcement, they’re going to back out and it becomes a civil issue where you are going to have to file for civil eviction.”

How to start the eviction process to remove the squatter

If a person illegally enters your home and is able to produce a lease — which Blake noted would likely be fraudulent — the homeowner must serve the squatter with a five-day notice to leave the home within that timeframe.

If they don’t,  the case will escalate to civil court where the homeowner files a summons and complaint which would be served by a constable or process server.

“The following week you’re going to have a court case and then you’re going to be able to prove that they don’t have a lease and then five days later the writ will issue and that will get a constable or a civil deputy to the house to facilitate the eviction,” Blake said.

“It’s got to work its way through the system and show that they never had the lease so you can turn around and go after them again,” he added.

In total, Blake noted that the eviction process is going to take 21 days to complete.

How to protect your home from squatters or title fraud

A common way that squatters and scammers can terrorize homeowners is title fraud, which is when they steal or forge a property’s title without the knowledge or consent of the property owner.

Maricopa County has a landing page for title fraud, which can be accessed here. The free program monitors and alerts subscribers when documents are recorded under their name.

Other ways homeowners can protect their home are installing security systems and motion-sensor lights inside and outside the home, Blake said.

He also urged homeowners to invest in a doorbell camera and to ask your neighbors to keep an eye on your house if you are away for an extended period.

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