As an investor or property owner in Eugene, it is important that you stay aware of any threats or potential issues that may arise while owning a property. Common issues that may arise with an investment home are squatters, evictions, and adverse possession, and they may cause a very serious impact to your property. As an owner it is crucial that you know the laws and regulations surrounding these issues, as well as the steps that you can take to protect your investment. In this blog post, we will share the top 10 things that every real estate investor needs to know about squatters, evictions, and adverse possession in Eugene. Additionally, we will explain how Property Bridge can assist you in selling a problematic property that may currently have squatters or bad tenants in it.
1. What is Squatting?
Squatting is a situation where a group of people or an individual occupies the property without knowledge or consent from the owner. Squatters can move into either commercial or residential properties, and their actions are often viewed as a form of protest against the high cost of housing or being able to find affordable rent. When someone moves onto your property and begins squatting they will very often refuse to pay any amount of rent or even leave, this of course makes it nearly impossible for an investor to make any sort of income from the home or sell it while it is being occupied. Not only do squatters affect owners by making it difficult to sell the property, but most times they also cause physical damage to whatever house of building they are living in. This is another obvious hit financially that can arise from unwanted people staying on the property. Even more difficult is the fact that depending on the jurisdiction that you own your home, squatting can be a legal gray area and may give unwanted tenants more rights than you would expect.
2. Understanding Eviction Laws
Understanding the eviction process in your state is important when you own any property or rental, before starting any sort of removal process you need to know the rights for both you and your unwanted tenants.. In some states, landlords must provide tenants with a notice to quit, which is essentially a warning that they have a certain amount of time to either pay the rent they owe or vacate the property. In other states, a notice to quit is not required, but landlords must still follow a specific legal process before evicting a tenant. In Eugene, landlords are required to give tenants a 30-day notice to vacate the property before filing an eviction lawsuit. This means that if a tenant fails to pay rent or violates any other terms of the lease, the landlord must first provide them with a written notice stating that they have 30 days to vacate the property. If the tenant fails to leave within the allotted time, the landlord may then file an eviction lawsuit. It is important for both landlords and tenants to understand the eviction laws in their state to avoid any legal complications or misunderstandings.
3. Adverse Possession
Adverse possession is a legal concept that allows an individual to gain ownership of a property by occupying it for a certain period of time without the owner’s permission. The idea behind this principle is that if a property owner neglects their property for an extended period of time and someone else makes use of it, they should not be allowed to simply reclaim it. In order to gain ownership through adverse possession, certain criteria must be met, such as continuous, open, and notorious possession of the property. In Eugene, the required period of time for adverse possession in OR is typically 15 or so years of continuous occupancy.
4. Protecting Your Investment
To protect your investment from squatters, evictions, and adverse possession, it’s important to work with a team of professionals who understand the local laws and regulations. Building a network of knowledgeable professionals that can assist you navigating the ins-and-outs of these situations is necessary.
5. Conducting Due Diligence
Before investing in a property, it’s important to conduct thorough due diligence to identify any potential legal issues. Give yourself the necessary time to close on a property before finalizing the sale if you become aware of anything out of the ordinary, such as people living in the home or on the property that the owner doesn’t have leases and agreements with.
6. Working with an Experienced Attorney
In the event that you need to evict a tenant or protect your investment from adverse possession, it’s important to work with an experienced attorney who understands the local laws. Having solid legal representation is something that you should have in place no matter what.
7. Partnering with a Property Management Company
A property management company can help you manage your investment property and ensure that it’s well-maintained. A good property manager not only protects you as an owner, but they also protect the occupants in the sense that you know their rights and don’t unintentionally violate them in the process of eviction or removal. Making a misstep with tenants, unwanted or otherwise, can add significant time and financial stress to an already lengthy and costly situation. A property manager will also act as a buffer between you and the tenants and a good manager is worth their weight in gold.
8. Understanding Local Zoning Laws
Local zoning laws can impact the way you use your investment property. It’s important to understand these laws before investing in a property. You need to know exactly what your property can be used for and what it can’t, you may have an idea about what you plan to do with a property or see potential to build, but you aren’t zoned properly to do so.
9. Finding the Right Deals
Find the right deals, take the time to truly weigh the pros and cons of an investment and run your numbers. Being grounded and realistic when making an offer can save you a lot of unnecessary headaches, and don’t be upset if a deal doesn’t work out. Sometimes you and the seller won’t see eye to eye or there will be variables that can cause you way more trouble than they are worth once you take ownership.
10. Providing Valuable Insights
Real estate investors in Eugene need to understand the laws and regulations surrounding squatters, evictions, and adverse possession. It’s important to work with a team of professionals who can help you protect your investment and find the right deals for your portfolio. Building a network of contractors, legal experts, property managers, and other professionals will allow you to make the best informed decisions on purchasing a property and help you mitigate the pitfalls on taking on more than you are prepared for.