Squatter's Rights and Preventing Unauthorized Occupancy

Property owners face many challenges. One consistent, frustrating, and perplexing challenge is tenants occupying a property without permission. This article provides essential information on squatters’ rights, adverse possession laws, tips for recognizing squatting situations, suggestions for the lawful prevention of squatting, and strategies for removing squatters. 

The landlord-tenant laws regarding squatting vary from state to state and city to city. Furthermore, applying the fundamental laws of squatting requires analysis of specific facts. Every situation, every tenant, every squatter, every property, and every landlord are all different. If you have or anticipate a squatting issue, contact a local and experienced eviction lawyer.   

What Is a Squatter? 

A squatter is a person who occupies property without the owner’s permission. Squatters live on or in a property without any legal claim, rental agreement, mutual understanding, or lease agreement. Landlords, who rely on lease agreements and formal understandings for income, often believe that removing them should be straightforward. However, squatters can acquire legal rights over time, making removing them complicated. 

What are a Squatter’s Legal Rights? 

Even though squatters are trespassing, they can obtain legal rights over time and under certain conditions. A property law concept called “adverse possession” allows a squatter to claim property ownership after living on the property for a specific period of time. The time necessary for an adverse possession claim varies by state and other factors but is typically between 7 and 20 years.  

There are many legal requirements for squatters to use adverse possession to take legal possession of property. Squatters must occupy the property openly and without the owner’s permission. They must also continuously possess the property in an open and obvious way to anyone who might investigate who is occupying the property. 

The owner must act to prevent this trespassing from becoming an adverse possession. However, landlords cannot just physically remove a squatter. 

What are a Landlord’s Legal Rights Regarding Squatters? 

Landlords have rights in squatting situations. However, those rights are limited so that squatting situations do not become violent. It is unlawful to forcefully and immediately evict a squatter or force their removal. It is also illegal to shut off utilities, change the locks, or otherwise bar entry at a property where someone is squatting. 

Landlords must take legal action to remove unauthorized occupants. 

What is the Legal Process for Removing Squatters? 

The process for and the terminology associated with removing squatters varies by state. Here are the steps a landlord should take to remove squatters: 

• Contact local law enforcement to accompany you as you visit the squatters and ask them to leave. The police report will serve as evidence in the eviction process.
• File a complaint for wrongful detainer in the appropriate court. This will prompt a summons and formal eviction notice to the squatters.
• If the squatters do not leave, file an unlawful detainer lawsuit or eviction lawsuit, depending on state law.
• Attend court. If the court rules in your favor, obtain a court order for eviction, which will be in the hands of the sheriff.
• Following formal eviction, squatters may still be entitled to keep property at the premises for a limited period. 

Squatter removal can take a long time. However, landlords must follow all these steps and legal protocols to avoid delays and legal setbacks. 

What are Signs that Someone Is Squatting? 

The sooner you recognize a hostile squatting situation, the sooner you can take action to stop it. The signs of a squatter include:

• A tenant, called a holdover tenant, who stays beyond their lease without consent
• A tenant refusing to leave after eviction
• Someone you’ve never leased to claiming residence

You should conduct regular property checks to identify these signs as early as possible. 

What Can a Landlord Do to Prevent Squatting?

Preventing squatting is crucial. A landlord can prevent or deter squatting by: 

• Conducting regular property inspections
• Securing vacant units and vacant property
• Conducting thorough tenant screenings
• Engage a property management company
• Post a no trespassing sign on the property
• Preparing lease agreements with clear and enforceable terms
• Maintaining open lines of communication with renters
• Taking quick action on late rental property payments and lease violations

How Can a Landlord-Tenant Lawyer Help?

An experienced landlord-tenant lawyer will provide legal guidance on preventative measures, help you revise your lease agreements, help you navigate the legal system, prepare and monitor all eviction filings, and represent you in court. If you’re facing a squatting issue, want to safeguard your property, and want to remove the squatters legally and permanently, consult a local, experienced eviction lawyer.