Ultimate Guide to Squatter’s Rights

If you own rental property, it’s important to educate yourself on the basics of squatter’s rights. These include what exactly squatter’s rights entail, the differences between squatters and trespassers, and how to prevent or handle a squatter. Here we’ve compiled the ultimate guide for landlords looking to know more about squatter’s rights. 

What Is a Squatter?

A squatter is someone who lives on a property to which they have no legal right. Basically, they don’t pay rent. Often the property owner has no knowledge of the squatter, especially if the unit hasn’t had a renter in a while. Intentional squatters may even target vacation rentals or properties without landlords nearby in order to avoid suspicion. The bottom line is that a squatter is someone who doesn’t have permission to be in the space.

Squatters vs. Trespassers

A trespasser is an individual who knowingly enters someone else’s property without permission. Trespassing is a criminal offense, so one call to the police can take a trespasser off your hands. 

Before you phone the authorities, it’s important to note that the term trespasser does not apply to renters who can’t afford rent, who may have broken their lease, or whose lease may have lapsed. These fall under the category of squatter. Squatters include residents who don’t realize they’ve entered somebody else’s property and those who had permission to live there at some point in time. 

The major difference between a trespasser and a squatter is intention. By definition, a squatter intends to stay on the property for an extended period of time. A trespasser does not. To get rid of a trespasser, the property owner simply needs to call the police. Getting rid of a squatter becomes complicated if they can present themselves as a renter. This makes it a civil case instead of a criminal matter, meaning the police can’t intervene. 

Squatter’s Rights

The legal term for squatter’s rights is adverse possession. Adverse possession is the freedom to reside on someone else’s property for as long as the owner fails to evict them. If left unchallenged for a certain period of time and acknowledged by state law, the squatter could be legally deemed the property owner. The length of time squatters must hold a property before adverse possession takes effect varies by city and state. Think of it as the legally enforced version of ‘finders, keepers.’

The adverse possession law does, of course, have loopholes. Some cases in which the squatter loses possession include:

• If the landlord or property owner succeeds in removing the squatter from the property at any point within the squatting period.
• If the squatter leaves the unit of their own accord.
• If the owner gives the squatter their permission to be on the premises.

The statutory period before a squatter can be declared an owner stops once the squatter loses possession. It then restarts if they manage to retake the property. However, a squatter can tack, or pass on the property, to another squatter.  The second squatter would then continue the first’s statutory period. 

How to Evict a Squatter

If you have a squatter, there are a couple of paths you can take to evict them. Start by reviewing the property laws of your state or city. Chances are that they have regulations governing squatters. You can also choose to hire a lawyer who specializes in your state’s adverse possession laws or file eviction paperwork on your own. In order to complete the documentation, you’ll need to know several points of key information. 

First, determine if the individual on your property is a squatter or trespasser. To do this, you have to know when the squatter first began to occupy the premises. If it’s a month or less, they are likely a trespasser, which makes it a criminal case and easily dealt with by the police. A landlord would report this as a break-in. If the squatter has been there for longer than a month, the best course of action is to move forward with eviction. You’ll want to start this process as soon as possible to avoid allowing the statutory period to lapse. 

If, after you’ve filed for eviction, the squatter refuses to leave, the next step would be to file an unlawful detainer lawsuit. If this also fails to evict the squatter, the police may get involved and forcibly remove the individual from the unit.

Tips to Prevent Squatters

To avoid adverse possession altogether, landlords have several steps they can take to prevent squatters:

• Put up ‘no trespassing’ signs: Simple but effective, a sign could mean the difference between a squatter risking discovery on your property or trying the house down the street. 
• Gate and lock entrances: Just like with the signs, a lack of easy access could serve as a deterrent to squatters.
• Regularly inspect the rental property: By frequently visiting the property, you increase your chances of catching a trespasser and having them removed before they become a squatter or a former renter before they fall into adverse possession.
• Have a neighbor check in: If you’re not able to visit the rental regularly, ask a trusted friend or neighbor to check in and notify you of anything suspicious.
• Document the incident: If you do encounter a trespasser, record the event as soon as possible. By making a statement, you prevent them from gaining adverse possession. 
• Keep up with maintenance: If a property looks rundown or neglected, it could be more susceptible to squatters. With a less attentive owner, the squatter runs less risk of discovery. 
• Stay on top of your property taxes: If a squatter finds a way to pay taxes on the property, it’s easier for them to claim ownership.
• Maintain signed and up-to-date copies of any leases or rental agreements: Proving when a lease ended and the statutory period of adverse possession began will help determine if it’s a criminal matter and make the process of filing for eviction easier. 
• Give anyone who wants to use your land written permission: The ultimate loop hole is a sign granting anyone permission to your property. If they can freely access it, they can’t legally claim adverse possession. We’ll let you weigh the pros and cons of that. 

Squatters are a fact of property rental. By knowing the adverse possession laws of the state in which your property resides, you can better equip yourself to handle any instances of trespassing or squatting that may arise.