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As a landlord, it’s important to know squatters’ rights are inside and out so you can protect your property and avoid any unexpected headaches. Squatting might seem like a tricky or misunderstood part of property law, but in this guide, I’ll break it all down for you. We’ll cover why squatters’ rights exist, when they come into play, the rules by state, and how to handle eviction notices when needed—giving you the tools to keep your investment safe.

What Are Squatters? 

A squatter is basically someone who moves into a property without owning it or having permission to be there. They aren’t tenants, there’s no lease involved, and they don’t have any right to be on the property. Squatting usually happens when a place is left empty and the owner isn’t keeping an eye on it. Unfortunately, some squatters know how to work the system, which can lead to long and costly legal battles for owners—and in some cases, the squatters might even get paid to leave!

What Are Squatters’ Rights?

Squatters’ rights, typically called “adverse possession,” are laws that allow a squatter to use or occupy someone else’s property, provided the rightful owner does not evict them or take other legal action against them. These laws exist to prevent abandoned properties from sitting empty and falling into disrepair. While it might sound strange, squatters can, under specific conditions, claim rights to the property if the owner doesn’t take action.

The exact rules around squatters’ rights vary from state to state, but they often involve the squatter staying on the property continuously for a number of years, openly living there as if they were the rightful owner. If certain criteria are met—like paying property taxes or maintaining the property—some squatters might even be able to claim legal ownership. Staying on top of property maintenance and keeping a close eye on vacant spaces can help stop squatters before they become a bigger problem.

Why Squatters’ Rights Exist

Squatters’ rights might seem unfair at first glance—after all, it’s hard to imagine someone living on your property without permission and potentially having a claim to it. Squatters’ rights exist to prevent vigilante justice from being used. It is strikingly similar to renters’ rights, which protect tenants from deceitful landlords. Here’s a breakdown of why these rights exist:

For Landlords

• Prevents taking matters into their own hands: Squatters’ rights stop property owners from trying to remove squatters themselves, which could lead to dangerous or hostile situations.
• Ensures legal process is followed: By requiring landlords to go through legal channels for eviction, these rights protect them from legal trouble and personal risk.

For Squatters/Tenants

• Prohibits forcible evictions: Squatters’ rights prevent property owners from forcefully removing occupants without going through the proper eviction process, ensuring everyone is treated fairly.
• Protects against unjust actions: Even if a squatter doesn’t have a legitimate claim, these laws make sure they are given legal notice and time to vacate, avoiding aggressive or unlawful evictions.

At their core, squatters’ rights exist to create a balance between protecting property owners and preventing the misuse or abandonment of properties, while also giving squatters and occupants legal protections to ensure fair treatment.

Squatting vs Trespassing

You’ve probably heard the real estate terms “squatting” and “trespassing” before, and while they might sound similar, they actually have some key differences. These two situations come with different legal consequences and intentions behind them. To help clarify things, take a look at our table below for a quick breakdown of what makes squatting and trespassing unique.

This should give you a clear picture of how these situations differ in real life, both in terms of intent and the legal ramifications.

Pro Tip: In general, real estate scams are on the rise, and both landlords and tenants need to stay vigilant. Scammers often target vacant properties, so keeping a close eye on your property can help prevent fraudulent activity. Check out our article Rental Fraud: 15 Common Scams & How You Can Avoid Them for more specific information on rental scams.

Squatter Rights by State

What states have Squatters’ rights? The truth is that they exist in all 50 states. However, how and when these laws are executed varies substantially by state. While the concept of adverse possession exists nationwide, the specific rules, timeframes, and requirements that squatters must meet to potentially claim ownership are different depending on where the property is located.

According to the squatter laws of the states listed below, the person must have resided on the property in question for the following years:

Since the details of squatters’ rights vary by state, it’s important to stay informed about the laws specific to where your property is located. By understanding these laws, landlords can better protect their property and prevent potential squatters from making a claim.

When Do Squatters Rights Apply?

Squatters’ rights typically come into play when certain conditions are met, and while these laws vary from state to state, there are some general principles that apply across the board. Here’s a look at how squatters’ rights generally work in most states:

Nonetheless, the conditions for full adverse possession or fulfilling squatters’ rights will vary from state to state. For instance, in many states, squatters must prove they had good faith that they were, in fact, in possession of the property in question.

Steps to Evicting a Squatter

Now that you know more about squatters and the harm they may cause to your property, you understand how critical it is to act quickly to regain control of your property. The following steps are the proper way to take while evicting squatters:

Step 1: Confirm Their Status

First, make sure you’re dealing with a squatter and not a tenant. If they have a lease, even an expired one, they may be considered a tenant, which changes the eviction process. A squatter has no lease and no legal permission to be on the property.

Step 2: Call the Police

Call the police immediately if you discover someone on your property. The authorities can identify if the individual is a squatter or a trespasser. If they are trespassing, the police will consider it a criminal offense and remove them. If they are squatters, you must proceed to civil court. The police may need to speak with the squatter to confirm their status, and they will probably demand documentation proving your ownership of the property.

Pro Tip: Keep your safety a top priority. Never approach squatters or confront them alone. Always involve law enforcement to handle the situation. When visiting vacant properties, let someone know your location and consider using safety tools or apps for extra protection.

Step 3: Provide Formal Eviction Notice & Begin the Eviction Process

Providing a squatter with an eviction is a process that is generally similar to any other eviction procedure. The following steps must be completed in accordance with your state’s timeline and regulations:

• Deliver a notice of eviction.
• Wait for the required time.
• If the squatter refuses to go, file for eviction in your local court.
• Wait for the court to serve the documents.
• Attend the hearing to present and defend your case.
• Receive a judgment.
• Use the judgment to enforce your ownership with the local sheriff.

The eviction proceedings will grant you the legal right to reclaim possession of your property. Send an eviction notice to the squatter immediately. Make the necessary documents as soon as possible to send out your notice. Be sure to adhere to any local requirements regarding the information that must be included in the eviction notice. If the squatter goes, you’re good to go. If not, proceed to the third step below.

Step 4: File an Eviction Lawsuit & Get the Squatter Removed

You can file a lawsuit if the squatter still refuses to leave after being told to. Following this, a hearing date will be scheduled, and both parties must be present. Once you have received a final court ruling following your eviction hearing—if the judge rules in your favor, you can present it to local police to have the squatter officially removed. At this point, you will be permitted to change the locks on your property.

Step 5: Get Rid of Any Squatters’ Belongings Left Behind

It’s time to dispose of whatever possessions the squatters left behind after evicting them from your premises. Although getting rid of the objects or selling them right away can be tempting, you might not be able to do so legally. In several states, landlords must provide squatters with formal written notice that specifies when they must pick up their stuff. Prepare this letter and present it to your court hearing to protect yourself, as squatters are frequently hard to contact. You can also specify what you plan to do if the belongings are not picked up by the time specified in the notice.

Pro Tip: Offer Squatters Money

You can also take a monetary approach, also known as cash for keys, if you don’t prefer to avoid the eviction route. Some squatters will leave if you give them a lump sum of money to do so. Although it may be less expensive than filing for eviction, this option is not risk-free. If you try this option, write up clear contracts and consult with local landlord-tenant legal services to ensure your actions are legally binding.

Frequently Asked Questions (FAQs)

Bottom Line

Understanding squatters’ rights is an essential part of being a successful landlord. Knowing the laws for your state is key to managing the challenges that come with squatters and protecting your property. Staying informed and proactive can help you minimize risks and keep control over your investments. Remember, staying up-to-date on your state’s law is your best defense when it comes to handling property management issues and protecting your rental business to ensure it remains smooth and profitable.

The post Squatters’ Rights: A Complete Guide in 2024 appeared first on The Close.

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