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No, it is not illegal to kick a squatter out of your rental property or any other property you own

Squatting is when someone takes up residence in an abandoned building or unoccupied area that the squatter does not own, according to attorney Gary Mauney.

CHARLOTTE, N.C. — You've probably heard of the term squatter's rights, but do you know what that actually entails? The Verify team is taking a closer look.

THE QUESTION: 

Is it illegal to kick a squatter out of a rental property? 

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THE ANSWER: 

No, it is not illegal to kick a squatter out of your rental property or any other property you own. However, if you wait too long, the squatter could end up taking the property from you. 

OUR SOURCES:

WHAT WE FOUND:

First, what is squatting? Mauney said it's when someone takes up residence in an abandoned building or unoccupied area, usually residential, that the squatter does not own. Mauney said a squatter is someone who is trespassing, and you can kick them off your property. 

"Because the squatter is a trespasser, you can call the police, or you can go down to the magistrate and swear out a trespasser warrant," Mauney said.

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It gets a little tricky when the person on your property has a lease, either written or verbal. 

"You do have to go down to the courthouse in that case and file what's called a complaint in summary ejectment," Mauney said. "Normally these things end up in small claims court."

The North Carolina Court System said a landlord can kick out a tenant who has not paid rent or if the tenant has violated a condition of the lease or the lease term has ended. 

So what about the phrase "squatters rights?" Mauney said there are cases where squatters have stayed more than 20 years, which in North Carolina allows them to file an adverse possession claim in an effort to take ownership of the property. 

"If you've been on someone's property for a long enough period of time, and you're occupying it as if it's your own, then yes, you could have a legal proceeding that would end up titling the property to you," Mauney said. "But those things are very rare and don't happen that often."

That's why Mauney said it's important for people to keep a close eye on who is on your property. 

"And so that's another reason that if you have a trespasser on your property, it does behoove you to do something about it," Mauney said.  

Contact Meghan Bragg at mbragg@wcnc.com and follow her on FacebookX and Instagram. 

VERIFY is dedicated to helping the public distinguish between true and false information. The VERIFY team, with help from questions submitted by the audience, tracks the spread of stories or claims that need clarification or correction. Have something you want VERIFIED? Text us at 704-329-3600 or visit VERIFY.

WCNC Charlotte's Verify series is all about trying to make a difference in the Carolinas by making sure the community has the correct information. WCNC Charlotte outlines concisely what we know and what we don't know. Sometimes the answer can be surprising. Watch previous stories where we verify social media claims in the YouTube playlist below and subscribe to get updated when new videos are uploaded.

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