How Do I Evict a Squatter from My Home in Maine?

Question from Timmah, How Do I Evict a Squatter from My Home in Maine?

Answer from AI:

If you have someone living in your home rent-free without a lease, and they refuse to leave, you may need to go through a formal eviction process, even if they are considered a squatter. Here’s a general guide on how to handle this situation in Maine.

Understanding the Situation

In Maine, if someone has been living in your home and receiving mail there, they may be considered a tenant, even without a formal lease agreement. This means you will likely need to follow the legal eviction process to remove them.

Steps to Evict a Squatter

1. Provide Notice: You must give the person a written notice to vacate. In Maine, a 7-day notice is typically required for non-payment of rent or other lease violations, but since there is no lease, you may need to provide a 30-day notice to terminate a tenancy at will. This notice should clearly state that they must leave the premises by a specific date.
2. File for Eviction: If the person does not leave by the date specified in the notice, you will need to file a complaint for eviction (also known as a “Forcible Entry and Detainer”) with your local district court. You can find the necessary forms and instructions on the Maine Judicial Branch website.
3. Attend the Court Hearing: After filing, a court date will be set. Both you and the squatter will have the opportunity to present your case. Be sure to bring any evidence that supports your claim, such as the written notice you provided.
4. Obtain a Writ of Possession: If the court rules in your favor, you will receive a Writ of Possession. This document allows law enforcement to remove the squatter from your property if they still refuse to leave.
5. Enforce the Eviction: Contact your local sheriff’s office to enforce the Writ of Possession. They will handle the physical removal of the squatter if necessary.

Special Considerations for Safety

Given that the squatter can be violent and you are elderly, it is crucial to prioritize your safety:

• Contact Law Enforcement: If you feel threatened or unsafe at any point, contact the police immediately. They can provide assistance and ensure your safety.
• Seek Legal Assistance: Consider consulting with a legal professional who can provide personalized advice and help you navigate the eviction process. You can find legal aid resources in Maine through organizations like Pine Tree Legal Assistance.
• Veteran Resources: As a veteran, you may have access to additional support services. Contact the Maine Bureau of Veterans’ Services for assistance.

Conclusion

Evicting a squatter can be a complex and stressful process, especially when safety concerns are involved. It is essential to follow the legal procedures to ensure a smooth eviction and to protect your rights. For personalized advice and assistance, consult with a legal professional.