
As a real estate investor in Kalamazoo, you must be well aware of the threats that come along with your investment. Squatters, evictions, and adverse possession are some of the most common concerns for investors, and they can have a significant impact on your investment if not handled properly. It’s crucial to understand the laws and regulations concerning these issues, as well as the steps 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 Kalamazoo. Moreover, we will explain how partnering with West Michigan Home Buyers can help you find the right deals for your portfolio and safeguard your investment from these potential risks.
1. What is Squatting?
What Property Squatting Really Means
Property squatting occurs when unauthorized individuals take up residence in vacant buildings, homes, or land without permission from the legal owner. Unlike trespassing—typically a brief, temporary intrusion—squatting involves establishing ongoing occupancy in someone else’s property.
Why Squatting Happens
Multiple factors drive people to occupy properties illegally:
Economic Pressures
- Rising housing costs that outpace income growth
- Limited availability of affordable rental units
- Homelessness and housing insecurity
- Economic downturns and job displacement
Opportunity Factors
- Abandoned or visibly neglected properties
- Extended owner absences (foreclosures, estates in probate)
- Inadequate property security measures
- Vacant investment properties between tenants
Ideological Motivations
- Housing rights activism and protest movements
- Opposition to property speculation and vacancy
- Community reclamation of blighted neighborhoods
The Financial Impact on Property Owners
Unauthorized occupancy creates substantial financial burdens:
Direct Costs
- Legal fees for eviction proceedings (often $3,000-$10,000+)
- Property damage repairs and restoration
- Utility bills if squatters activate services
- Lost rental income during occupancy and legal proceedings
Indirect Consequences
Neighboring property value impacts
Decreased property values in affected areas
Insurance complications and potential policy violations
Difficulty securing financing or selling affected properties
The Legal Framework for Removing Tenants
Removing a tenant from your property isn’t as simple as changing the locks or shutting off utilities. Every jurisdiction maintains specific legal procedures that landlords must follow precisely—even when tenants violate lease terms or stop paying rent.
Failure to follow proper eviction protocols can result in:
- Dismissed eviction cases requiring you to restart the process
- Financial liability for illegal eviction damages
- Criminal charges in extreme cases
- Extended occupancy by non-paying tenants during legal delays
2. Key Components of Lawful Eviction Procedures
While specifics vary by location, most eviction processes include these phases:
Phase 1: Written Notice Before filing court documents, landlords must provide formal written notice specifying the violation and any opportunity to cure it. Common notice types include:
- Pay or Quit: Tenant must pay overdue rent within a specified timeframe (typically 3-14 days) or vacate
- Cure or Quit: Tenant must remedy lease violations (unauthorized pets, excessive noise, etc.) or leave
- Unconditional Quit: Tenant must vacate without opportunity to fix the problem (used for severe violations or repeat offenders)
Phase 2: Court Filing If the tenant doesn’t comply with the notice, the landlord files an eviction lawsuit (sometimes called “unlawful detainer” or “forcible entry and detainer”) with the local court.
Phase 3: Court Hearing Both parties present evidence before a judge. Tenants may raise defenses like:
- Improper notice procedures
- Landlord retaliation for complaints
- Uninhabitable living conditions
- Discriminatory eviction
Phase 4: Judgment and Removal If the court rules for the landlord, it issues a judgment and writ of possession. Only law enforcement officers can physically remove tenants—never the landlord directly.
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 Kalamazoo, the required period of time for adverse possession in Michigan 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. At West Michigan Home Buyers, we have the knowledge and experience necessary to help you navigate these complex issues.
5. Conducting Due Diligence
Before investing in a property, it’s important to conduct thorough due diligence to identify any potential legal issues. Our team at West Michigan Home Buyers can help you conduct due diligence to ensure that your investment is protected.
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. At West Michigan Home Buyers, we can connect you with reputable attorneys who specialize in real estate law.
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. At West Michigan Home Buyers, we can help you find a reputable property management company to help you manage your investment.
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. At West Michigan Home Buyers, we can help you understand the local zoning laws and regulations.
9. Finding the Right Deals
At West Michigan Home Buyers, we specialize in finding the right deals for our clients. We can help you identify undervalued properties and negotiate deals to ensure that you get the best possible return on your investment.
10. Providing Valuable Insights
Our team at West Michigan Home Buyers can provide valuable insights into the local real estate market and help you identify trends and opportunities. We can help you make informed investment decisions and ensure that your portfolio is well-diversified.
Real estate investors in Kalamazoo 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. At West Michigan Home Buyers, we have the experience and knowledge necessary to help you navigate these complex issues and make informed investment decisions. Contact us today to learn more about how we can help you achieve your real estate investment goals. (269) 299-4023