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ContinueWhat do landlords need to know about squatter's rights, what states have squatters' rights, and what are the laws around evicting unauthorized tenants?
In rare scenarios, people may occupy your property without your permission or knowledge. This can be devastating for landlords, as it means you cannot search for paying tenants until the occupiers leave or are removed. Plus, there may be a risk of damage to your property.
Squatters though, have rights – you can’t simply force them to leave. Instead, you need to follow the proper protocol to resolve the issue with respect to the regulations that protect the both tenants and squatters’ rights.
In many ways, squatter’s rights are similar to the rights of renters. Squatters are treated by the law much like unauthorized tenants. Squatters are individuals or groups occupying a property they don’t own and are not paying rent for.
Despite the fact that these “tenants” don’t have permission to occupy the premises, you can’t simply kick them out. Generally speaking, the rules regarding squatters include the occupant’s right not to be displaced from the property without proper notice. Most regulations dictate that unauthorized tenants must receive an eviction notice that must be delivered either by mail or via the local police department.
Regulations around squatter’s rights tend to treat the unauthorized occupants as tenants that have failed to pay rent. You should not directly contact the people living in your property, instead, follow regulations to remove squatters legally.
It’s important to also note that squatters should be dealt with quickly. Adverse possession laws may allow squatters to take possession of your property after a period of 7 (under color of title) to 20 years (not under color of title). Depending on your location there may be additional conditions required for them to take possession of the property such as paying some of the costs associated with the property.
A squatter is a person who occupies a piece of land or a building without any legal right to do so. They reside in the property of their choice without paying rent and lack any official documentation that confirms their ownership, lawful tenancy, or permission to access the area.
The main goal of squatter’s rights is to discourage property owners from taking matters into their own hands. If landlords were allowed to take action themselves, the situation could quickly escalate to violent confrontations. Squatters have rights to facilitate a system of justice. The law defines the rights of each involved party to reach a peaceful resolution as quickly as possible.
Squatters’ rights, also known as “adverse possession” laws, exist in all 50 states of the U.S. though how and when these laws are enforced differ greatly from state to state.
Additionally, laws around evictions vary from state to state so it’s important to read up on both the squatter's rights and eviction laws in your state.
The below tables outlines the different squatters' rights laws by states and how many years until the squatter obtains those rights. Click on your state to go to a detailed guide on squatters rights for each state - or navigate to the state by state landlord tenant law guides here.
As you can see, the length of time for a squatter to gain rights varies broadly from state to state with California and Montana having the shortest squatters rights (as little as 5 years), and New Jersey and Louisiana having the longest squatters rights laws (taking up to 30 years).
Important: In some of the states listed above, squatters must either hold a deed or have paid property taxes during their occupancy, while other states do not have this requirement. Additionally, in certain states, providing the necessary documentation can reduce the required period of occupation.
Whilst squatting is technically a type of trespassing, there is a clear delineation between the two. Trespassing involves entering a property unlawfully; squatters take this one step further: they have the intention of taking ownership or of making the property their permanent residence.
Generally, squatters will take possession of unattended real estate, such as vacant buildings, as these are only loosely monitored. However, tenants whose lease has expired or are no longer paying rent may also be classified as squatters.
If either the owner or a resident is occupying the property, a trespasser generally won’t be covered by squatter’s rights. In some states, the use of force to remove trespassers from an owner-occupied property is a protected right.
Most states and municipalities have specific regulations regarding the handling of unauthorized occupants in your property. It’s always a good idea to get legal advice from a licensed professional when looking to pursue an eviction process.
Before you evict a squatter you first need to determine whether they are actually squatting or whether they are trespassing. An effective way to determine this is to consider the length of time the individuals have been occupying your property.
A short occupancy could be classified as a criminal breaking and entering situation. In this scenario, you may not be required to follow an eviction process; rather you should call the police and report the break-in. If however, they’ve occupied the property over a longer period, they are more likely to be squatters and have the associated squatters rights.
The process to evict a squatter looks something like the following:
Keep in mind that the police will not be able to evict the squatters right away, but they will be able to accompany you to the property to ask the squatter to leave. You will also be able to file a police report that you can later use in court to demonstrate that you took action against the squatters.
The process varies from state to state, so it’s best to solicit the services of an attorney. This action of serving an eviction notice will trigger the process of serving the squatters with a formal eviction notice, which is most often delivered by the local sheriff. The sooner you start this process, the sooner you’ll be able to remove the squatters. If they do not leave after the eviction has gone through the courts, you’ll likely need to go to the police station or sheriff’s office to ask for assistance removing the squatters from your property.
If the squatters do not vacate the premises by the date specified on the eviction notice, you can file a lawsuit. In most states, this is referred to as an unlawful detainer lawsuit. Both parties are required to appear in court. If the squatters do not show, the judge will most likely rule in your favor, in which case the police will forcibly evict the squatters from the premises.
Once the squatters have left your property, you may still not be allowed to remove any belongings they’ve left behind. Make sure to check the laws for your state.
Keep adverse possession laws in mind. Don’t wait too long to remove squatters as they may be able to claim ownership of the property.
Squatter evictions typically occur when larger real estate firms purchase distressed properties or foreclosed properties. In contrast, squatter evictions are rarely necessary for independent landlords because these landlords tend to have a better knowledge of the status of their tenants and properties.
Property owners should be well-versed in squatter's rights and understand the legal processes and documentation required to handle squatters if the situation arises. Being proactive is crucial to safeguarding your property from unauthorized occupation.
The most effective way to prevent squatters is to frequently visit and maintain your property. Regular check-ins help you monitor who is on your property and deter any unauthorized occupancy. This is especially important for vacant properties.
A critical step in protecting your property from squatters is securing reliable tenants in the first place. Proper tenant screening reduces the risk of late rent payments or problematic tenants who could eventually turn into squatters.
Landlord Studio can streamline your tenant screening process and help you ensure ensures you lease to tenants with good rental histories, who pay rent on time, and uphold their responsibilities.
By screening for red flags like poor credit or past evictions, you can significantly lower the chances of issues down the road.
Create your free Landlord Studio account today to create free rental listings, collect rental applications, and run comprehensive tenant screening reports.
If your property is vacant, it's vital to deter squatters with visible security measures. Here are some effective steps:
Squatters are more likely to target properties with easy access. By securing all entry points, such as doors and windows, and ensuring your property looks well-maintained, you can prevent unauthorized occupation.
Finally, always check your state's squatter laws to ensure you're compliant and fully protected. By taking these steps and working with services like Landlord Studio, you can avoid the headache of squatters and keep your property secure.
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