As a landlord, you likely expect tenants to be legally on your property and paying rent. However, the reality of property management can sometimes involve unexpected situations, such as dealing with squatters. Squatters occupy properties without the owner’s permission, which can be a stressful and legally complicated issue for property owners.
Discovering squatters on your property can be surprising, but it’s important to know that there are legal ways to handle this. It’s a common misconception that only legal tenants have rights. In fact, squatters also have certain legal protections, and understanding these is essential for any landlord.
Dealing with squatters requires quick action within the legal framework. This guide provides a detailed look into squatter’s rights, helping you protect your property while staying within the law. We will explore everything you need to know about managing squatters on your property, from their legal protections to effective eviction strategies.
What Exactly is a Squatter?
Before we proceed, let’s define what “squatter” means. A squatter is someone who occupies a property without legal permission or the owner’s consent. Their goal is often to establish residence or even claim ownership of the property over time.
Squatters are different from trespassers. Trespassers enter a property illegally but usually don’t intend to stay long-term. Squatters, however, often plan to remain indefinitely. They may even pay utilities and make improvements to the property to strengthen their claim.
This situation creates unique challenges for property owners because squatters can gain certain legal rights over time, making eviction more complex. Addressing squatting requires property owners to navigate a complex set of laws that aim to balance the rights of property owners with those of individuals occupying property without formal authorization.
The Rationale Behind Squatter’s Rights
The idea of squatters having rights might seem strange, but these rights are an important part of property law. These rights are in place to prevent property owners from forcibly removing someone unlawfully occupying their property without going through a legal eviction process.
Squatters might even be able to claim legal ownership through adverse possession laws in certain states. For example, in New York, squatters can establish rights in as little as 30 days. This underscores the importance of landlords taking swift action when they find squatters on their property.
But Why Is Squatting Legal in the first place? The concept of squatter’s rights originally arose to help address housing shortages in urban areas. They were initially intended as a legal mechanism to allow people to settle in abandoned or unused properties or to build homes on unclaimed land. The fundamental purpose was to prevent property owners from taking the law into their own hands and to encourage resolving property disputes through the legal system rather than through force. This aims to maintain public order and ensure fair processes are followed in property disputes.
For landlords, dealing with squatters can be tricky. Directly confronting squatters can lead to difficult and potentially risky situations. It’s crucial for property owners to understand their legal rights and responsibilities. It’s always best to handle these situations carefully, ideally by seeking legal advice or help from professionals experienced in property law to resolve these issues safely and effectively.
Understanding the Rights of Squatters
Squatters are protected by specific legal rights. They cannot be forcibly removed from a property without a legal notice beforehand. Many states require landlords to serve eviction notices to squatters, just as they would for regular tenants.
The legal system often treats squatters in a way similar to tenants who have violated their lease agreements. Landlords must understand that squatters are entitled to a formal eviction process. Ignoring this process can weaken a landlord’s legal position in court.
Adverse Possession: Claiming Ownership
A critical aspect of squatter’s rights is adverse possession. Under these laws, squatters can claim ownership of a property they have occupied illegally. While frustrating for property owners, it’s important to know that it’s more difficult for squatters to succeed if the landlord follows the correct legal procedures.
Adverse possession is the main legal argument a squatter might use in court to try and gain property ownership. To successfully claim ownership, they must meet specific criteria, including a continuous period of occupancy. This period varies by state, typically from 10 to 20 years. However, some states like Utah, Tennessee, Florida, and Arkansas have shorter periods, as little as 7 years. New Jersey has one of the longest periods, requiring 30 years of occupancy.
Key Criteria for Adverse Possession
For a squatter to claim a property through adverse possession, they generally must meet these conditions:
- Occupy the property for a specific number of years: This is defined by state law.
- Maintain continuous possession: The occupancy must be uninterrupted for the entire period.
- Open and notorious possession: The squatter’s presence must be obvious and not secretive. They should act as if they are the owner, making no attempt to hide their occupation.
- Hostile possession: In legal terms, “hostile” doesn’t mean aggressive, but rather that the squatter is occupying the property without the owner’s permission.
- Exclusive possession: The squatter must possess the property exclusively and not share it with the owner or other unauthorized individuals.
- Pay property taxes (in some states): Some states require the squatter to pay property taxes during their occupancy to strengthen their adverse possession claim.
Paying property taxes is a strategy squatters use to try and claim legal title and ownership through adverse possession. Property owners can protect themselves against such claims by ensuring they pay their property taxes on time.
It’s important to differentiate between squatters’ rights and tenants’ rights. Each state has its own laws governing these rights, particularly regarding eviction processes. Squatters’ rights generally do not apply to former tenants, except in cases where tenants remain after their lease ends without paying rent.
Squatting vs. Trespassing: Key Differences
It’s crucial to understand the difference between trespassing and squatting. A trespasser enters a property unlawfully, usually without intending to live there. Squatters, on the other hand, enter a property unlawfully but intend to either claim ownership or establish long-term residence. Squatters often furnish the property, pay for utilities, and get utilities connected in their name, particularly in abandoned properties.
Local trespassing laws allow police to immediately remove trespassers. However, squatters may have grounds to legally occupy the property, especially if they have documents supporting their claim as tenants. These documents could include utility bills, property tax receipts, or an adverse possession claim. If a squatter presents such documentation, police may not evict them, and the property owner will need to pursue legal action in court.
Squatters’ Rights Across the United States
Squatters’ rights exist in all 50 U.S. states in various forms. However, the specific requirements and time periods for a squatter to successfully claim adverse possession differ significantly from state to state.
Here are some examples across different states:
- Nebraska: Squatters can claim adverse possession after 10 years of continuous occupation.
- Nevada: A 15-year occupation period is needed for a claim.
- New Mexico: Adverse possession claims can be made after 10 years.
- New York: Squatters must occupy a property for 10 years to claim rights.
- Oklahoma: This state requires a 15-year occupation period.
- Oregon: Similar to several states, Oregon has a 10-year requirement.
Other states recognizing squatters’ rights, with varying timeframes and conditions, include New Jersey, Ohio, Pennsylvania, Delaware, Hawaii, Maine, Maryland, and Massachusetts.
Alaska has a unique case where squatters need to show exclusive possession under color of title for at least 7 years and uninterrupted possession for at least 10 years to claim adverse possession.
Landlords must be aware that squatters’ rights are a real part of the legal system in every state. The length of time required for a squatter to claim rights can vary greatly, making it essential for property owners to know the specific laws in their state.
Recent Changes to Squatters’ Rights Laws in 2024
Recently, several states, including New York, Georgia, Florida, and Alabama, have made significant changes to their squatters’ rights laws. These amendments aim to provide property owners with clearer and more efficient ways to handle unauthorized occupants. Here’s a summary of these changes:
New York
As of April 2024, New York has amended its property law to redefine the legal status of squatters. The new provisions in the state’s 2024 budget bill, signed by Governor Kathy Hochul, explicitly exclude squatters from the definition of tenants. This change simplifies the process for property owners to remove squatters without lengthy eviction processes typically required for tenants. The new law clarifies, “A tenant shall not include a squatter,” making it easier for property owners to deal with squatters quickly and legally.
Georgia
Georgia reformed its squatter laws with the Squatter Reform Act (HB 1017), passed in April 2024. This law clearly defines unlawful squatting and provides a streamlined process for property owners to remove squatters. Under this act, property owners can submit an affidavit to authorities. If squatters fail to provide proof of authorization within three business days, they can be arrested and face misdemeanor charges. This offers a faster resolution for property owners dealing with squatters.
Alabama
In May 2024, Alabama enacted legislation (HB 182) that defines ‘squatter’ and clarifies that their occupancy does not entitle them to the eviction process reserved for legal tenants. This law allows property owners to request law enforcement to remove squatters by submitting a sworn affidavit. It also introduces new criminal penalties for squatting, including fraudulent sale or lease of residential property, strengthening the legal protection against unauthorized property occupation.
Florida
In Florida, the Property Rights Bill (HB 621), signed into law on March 27, 2024, by Governor Ron DeSantis, enhances protections for property owners. Effective July 1, 2024, this law allows property owners and their agents to quickly remove unauthorized occupants from residential properties. The bill allows sheriffs to enforce removal notices and charge for their services. It also criminalizes intentional property damage and the use of fraudulent documents to claim property rights.
These legislative updates reflect a growing trend to empower property owners and reduce the legal ambiguities that have made dealing with squatters difficult in the past. By updating squatter laws, these states are helping ensure property owners have stronger legal tools to reclaim their properties efficiently and safely.
6 Strategies to Evict a Squatter
Evicting squatters varies by state, as eviction laws dictate how and when a squatter can be evicted. However, property owners in every state should be aware of these steps before starting eviction proceedings:
1. Act Promptly
Start the eviction process as soon as you become aware of squatters on your property. Contact local law enforcement or send an official eviction notice. Delaying eviction proceedings increases the risk of a squatter making an adverse possession claim.
Ensure you are aware of any legal claims the squatter has made on your property before attempting eviction.
2. Determine Squatter vs. Trespasser Status
If squatters have been on your property for only a few weeks, it’s generally considered trespassing, a criminal offense. In these cases, contact local police to have the occupants removed.
It’s less likely for squatters to take possession of an owner-occupied property. However, if you own property out of state, you might not discover squatters until much later. Unauthorized occupants living on your property for over a month could claim squatters’ rights and avoid immediate removal.
3. Contact Local Law Enforcement
Whether squatters have been on your property for a day or a month, your first step should be to call the police. Never attempt to remove a squatter yourself. In many cases, police presence alone can be enough to get squatters to leave.
Even if police cannot immediately evict the squatter, filing a police report provides evidence in court of your efforts to remove them.
4. Send a Formal Eviction Notice
Some squatters are aware of their rights and may refuse to leave even when law enforcement is present. If a squatter refuses to leave, your next step is to send a formal eviction notice, giving them a specific time to vacate the premises.
The time frame in the eviction notice is determined by state law. Check your state’s laws to know how many days you must give a squatter to leave. Send the eviction letter via certified mail and request a return receipt from USPS to confirm delivery.
Following these steps creates a paper trail of your legal efforts to remove the squatter and shows your compliance with the law.
5. File an Unlawful Detainer Lawsuit
If the squatter does not leave within the timeframe in the eviction notice, you can start a legal proceeding called an unlawful detainer lawsuit. Both parties are required to attend a court hearing for this lawsuit.
If the squatter fails to appear in court, the judge will likely rule in your favor, allowing the police to forcibly remove the squatter.
6. Legally Handle Squatters’ Belongings
Once you have legal authorization to remove squatters, remember there are rules for handling their belongings. Even though it’s a frustrating situation, laws govern the disposal of squatters’ possessions.
Some states require property owners to issue a written notice to the squatter, specifying a deadline for them to retrieve their personal items. You can prepare this notice and bring it to court to streamline the process.
Protecting Your Properties from Squatters as a Real Estate Investor
Squatter evictions often happen when large real estate firms acquire previously vacant properties. While less common for individual landlords, squatter situations can still occur.
The best way to deal with squatters is to prevent them from occupying your property in the first place. Here are some ways to protect your property, especially when it’s vacant:
Stay Current on Property Taxes
Often, squatters are granted property titles because they have been paying taxes on the property for a long period, and the owner has either failed to pay taxes or cannot prove payment. Keep up-to-date with your property tax payments.
Regularly Monitor Your Property
If you cannot visit your property regularly, hire a property management company to check on it at least monthly. Utilities are often billed monthly, so regular checks can prevent a squatter from getting utilities in their name.
Maintain Home Renovations
Keep windows, doors, and other entry points in good repair, even when the property is unoccupied. This can prevent break-ins and save you money on potential eviction costs if someone tries to squat.
Implement Security Measures
To secure your property against unauthorized access and squatters, adopt a comprehensive security approach. This includes installing “No Trespassing” signs to clearly mark private property, using motion-activated lights to deter intruders at night, and implementing robust alarm systems or security cameras.
For detailed insights on enhancing tenant safety and securing your rental property, explore resources on landlord responsibility for tenant safety, which often cover the importance of cameras, alarms, and other security features. These measures not only deter squatters but also enhance the overall safety and security for tenants.
Carefully Screen Tenants
Past tenants can sometimes become squatters if they stay beyond their lease. Conduct thorough tenant screening, including carefully reviewing rental applications and contacting previous landlords to assess the type of tenant you are considering.
Obtain Comprehensive Landlord Insurance
Get comprehensive landlord insurance to help mitigate risks like property damage by squatters or tenants. In some cases, evicted squatters may retaliate by intentionally damaging the property. Some landlord insurance plans even offer liability coverage for lawsuits.
Recognize Squatters Can Be Acquaintances
Squatter rights can apply to both intentional and accidental property occupation. For instance, if a neighbor builds a fence that extends onto your property, they could potentially claim ownership of that land if you don’t object.
Also, be aware that squatters are not always strangers. An acquaintance might offer free work in exchange for accommodation, intending to squat. In some states, if they can provide oral or written evidence of such an agreement, they could claim squatter rights if you try to remove them.
How Azibo Helps Landlords Manage Squatter Situations
Managing rental properties efficiently and protecting them from legal issues like squatters requires reliable tools. Azibo offers services to help landlords streamline property management and protect their investments. Here’s how:
1. Streamlined Property Management: Azibo provides a platform to manage various aspects of your properties, including tracking rent payments, managing expenses, and keeping detailed records of property transactions. Organized records are crucial for demonstrating ownership and financial responsibility in legal disputes involving squatters.
2. Financial Services: Azibo offers tools to generate tax reports, helping landlords maintain accurate financial records. This is important for proving property ownership and management, especially in legal situations where proof of consistent property management is needed.
3. Educational Resources: Azibo provides articles and guides on property law, including handling squatters. These resources keep landlords informed and proactive in their property management practices.
By using Azibo’s tools and services, landlords can manage their properties more effectively and protect themselves legally and financially from squatter issues. For more information on streamlining your property management for free, sign up with Azibo today.
Protect Your Property with Azibo + Ziprent
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- Professional Property Listings: High-quality photos and 3D tours to showcase your property.
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By streamlining tenant placement and property management, Azibo and Ziprent provide landlords with the tools to prevent squatter situations and maintain consistent income.
Learn more about tenant placement services
The Importance of Understanding Squatter’s Rights – Protect Your Legal Ownership
Understanding and addressing squatters is crucial for landlords and real estate investors. While squatters have legal protections, being proactive and informed about your rights and responsibilities as a property owner can significantly reduce squatter-related risks.
Regular property maintenance, effective tenant screening, and staying informed about state-specific squatter laws are key to protecting your property. If a squatter situation arises, acting swiftly and legally is essential to protect your rights.
Remember, the best defense against squatters is vigilance, legal knowledge, and strategic action. With the insights in this guide, you are better equipped to handle squatters effectively, ensuring the security and profitability of your property investments.
Squatter Rights FAQs
Why do squatter’s rights even exist?
Squatters’ rights, or adverse possession laws, exist to address situations where property is abandoned or not actively used by the legal owner. These laws were initially designed to encourage the productive use of land and resolve property ownership disputes.
They protect individuals who have occupied a property for a long time, ensuring that owners cannot neglect their property rights indefinitely without consequences. The underlying rationale is often tied to the idea of rewarding productive use of land and resolving uncertainties in property ownership.
Is squatting legal in Michigan?
In Michigan, squatting itself—occupying someone’s property without permission—is not legal. However, Michigan recognizes adverse possession laws. Squatters in Michigan can potentially claim legal ownership if they openly and continuously occupy a property for 15 years, pay taxes, and meet other legal requirements for adverse possession.
It’s important to know that while adverse possession is a civil matter, squatting can still be considered trespassing under criminal law.
Can police remove squatters in California?
In California, police can remove squatters if their occupancy is considered trespassing, generally when they have recently occupied a property without the owner’s permission. However, if squatters have lived on a property for an extended period and claim rights to the property (e.g., through adverse possession, utility bills, a lease agreement, or property tax payments), the situation becomes a civil matter.
In such cases, the property owner typically needs to go through the legal eviction process to remove the squatters. Police involvement may then be limited to enforcing court orders rather than immediate removal.
