What to do if someone is squatting in your property before it sells

Short answer: Do not try to remove the person yourself. Confirm whether the occupant is a squatter or a tenant, document what is happening, give a written notice to vacate, and then use the court process (eviction/forcible entry or a possessory action) to get them removed. The process can take weeks or longer. This article explains the common steps under Rhode Island law and gives practical tips for preparing for court and protecting a pending real estate sale.

Detailed answer — clear steps and legal background (Rhode Island)

1. Understand key terms

• Squatter: someone occupying land or a building without a legal right (no lease or permission).
• Tenant: someone who has a lease or an agreement (written or sometimes oral) to occupy the property. Tenants have eviction protections.
• Adverse possession: a long-term way a person can acquire title to property by openly occupying it for a statutory period. This is a rare, long-term claim; it does not help someone who just moved in before a sale.
• Self-help: the owner forcibly removing or locking out an occupant themselves. In Rhode Island that is risky and often illegal; use the court process instead.

2. Immediate practical steps to take

1. Confirm who is occupying the property. Ask for identification and whether they claim to be a tenant, guest, or owner. Do not use force or change locks.
2. Document everything. Take dated photos and videos of the occupant, their belongings, any damage, and the condition of the property. Save copies of communications (texts, emails, letters).
3. Check records. Look for any written lease, prior notices, utility records, or recorded documents that show ownership and whether anyone claimed tenancy.
4. Notify the buyer and real estate agent, if the property is under contract. A seller is generally expected to deliver vacant possession unless the contract states otherwise; unresolved occupancy can delay or kill a closing.
5. If the occupant is committing a crime or the situation is dangerous (threats, weapons, ongoing illegal activity), call the police immediately. For non-violent occupancy disputes the police may treat the matter as civil and direct you to court.

3. Provide a written notice to vacate

Even for a person with no lease, sending a clear written notice demanding possession may help later in court. Include a deadline (for example, 24–72 hours for a trespasser or a longer period if you are reasonably cooperating with a claimed tenant). Keep a copy and proof of delivery — certified mail or a neutral witness — to show the court you asked the person to leave.

4. Use Rhode Island’s court process to remove the occupant

Do not use self-help eviction. In Rhode Island you must generally go to court to get a legal order for possession. That can be one of two paths depending on the situation:

• Unlawful detainer / forcible entry (eviction) procedure: If the occupant is a tenant (there is a lease or an agreement), you follow Rhode Island’s eviction procedures. For landlord–tenant disputes, be prepared for notice requirements and filing in the appropriate court. The Rhode Island courts system has information about landlord/tenant matters: https://www.courts.ri.gov.
• Plaintiff’s possessory action or ejectment: If the person is a trespasser with no tenancy claim, the property owner generally sues to recover possession — an ejectment or possessory action. Winning in court allows the judge to issue an order for the occupant’s removal and a writ of possession enforceable by the sheriff.

These actions typically end with a court order awarding possession to the owner and a subsequent physical removal by the sheriff if the occupant still refuses to leave. Expect delays of several weeks to months depending on local court schedules and whether the occupant contests the case.

5. Why adverse possession usually won’t block removal

Adverse possession claims require long, continuous, open, and notorious occupation for the statutory period. That is a multi-year process and depends on specific legal elements. Someone who moved in shortly before a sale cannot get title overnight. If a squatter tries to claim title, you will need to defend in court and show your ownership and that the statutory elements for adverse possession are not met. For Rhode Island statutes and full text of the laws, see the Rhode Island General Laws: https://www.rilegislature.gov/Statutes/.

6. Special considerations when a sale is pending

• Inform the buyer and lender immediately. Buyers usually expect possession at closing; unresolved occupancy can delay financing or termination of the sale.
• Consider adding an escrow holdback or closing contingency if the buyer will agree to close while you pursue removal. That requires careful contract wording and attorney advice.
• If the sale closes before the occupant is removed, the buyer (now the owner) must pursue the removal unless contract language says otherwise. This can create disputes and possible indemnity claims between buyer and seller.

7. Time, cost, and realistic expectations

Eviction/possession cases are rarely instantaneous. Expect at least several weeks to get a hearing, then additional time for the judgment and sheriff enforcement. Costs include court filing fees, possible attorney fees, and sheriff or locksmith charges. If the occupant claims tenancy or files counterclaims, the timeline and cost will increase.

8. When to call an attorney

Get legal help if:

• The occupant claims a lease or ownership rights.
• There is a pending sale and timing is critical.
• There are allegations of adverse possession, or the occupant files court papers.
• The occupant threatens violence or the property is being destroyed.

An attorney can file the correct complaint, request immediate relief where available, manage interactions with the buyer and lender, and coordinate with the sheriff for enforcement.

Helpful Hints

• Document everything the moment you discover the occupancy: photos, time-stamped videos, witness statements, and copies of any communications.
• Do not remove personal property, change locks, or use force. That can expose you to criminal or civil liability.
• Send a written notice to vacate and keep proof of delivery (certified mail, email acknowledgment, or delivery receipt).
• If the occupant claims to be a tenant, request proof of a lease, rent receipts, or other documents. Tenants have more protections than trespassers.
• If you are selling the property, alert the buyer, lender, and title company right away. They will want documentation and may delay closing until the issue is resolved.
• Preserve evidence of ownership (deed, tax bills, insurance, listing agreement). These help in court to show you are the lawful owner.
• Contact the local sheriff’s office or court clerk for procedural questions about filing for possession and how writs are enforced in your county.
• Use the Rhode Island General Laws website to review statutes and the Rhode Island Judiciary site for court filing information: https://www.rilegislature.gov/Statutes/ and https://www.courts.ri.gov.

Disclaimer: This article explains general Rhode Island legal concepts and practical steps. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney.