Squatter’s Rights: Everything a Landlord Needs to Know
Squatter’s rights are a set of rules that potentially allow for a squatter to continue their occupation of another person’s property if certain circumstances are met.
Although seemingly backwards, squatter’s rights exist mainly to protect all parties involved in a situation involving a squatter.
When dealing with a squatter, there are certain rules and procedures that must be followed in order to complete the lawful expulsion of a squatter from your premise.
What is a Squatter? A Legal Definition
A squatter is someone who occupies an abandoned piece of property or land without legal permission to do so.
What’s the Difference Between Squatting and Trespassing?
Squatting is when someone lives on a piece of property or land for a certain period of time without the owner’s permission, in an attempt to gain legal rights to the land or property.
Trespassing is when someone enters or stays on property without permission, which is illegal.
So, squatting is a form of trespassing, but it involves living there long-term.
What are Squatter’s Rights?
Squatter’s rights occur when someone illegally occupies an abandoned piece of property or land for a certain period of time without the owner stopping them, potentially paving the way for the squatter to obtain possession of the property or land.
However, there are specific rules and time frames that must be met in order for this to happen
Why Do Squatters Have Rights?
Squatters have rights because the law believes in using property productively
If an owner leaves property empty for a long time and someone else takes care of it, the law might eventually recognize the squatter’s effort.
How to Remove a Squatter
- Call the Police Immediately
- Don’t be upset if the police don’t take the person away right away. They have rules to follow. Stay calm, pay close attention to what the officers say, and write down everything that goes on.
- Begin the Formal Eviction Process
- Even though this person is not your tenant, the formal eviction process will put legally binding documents on the record and will aid in holding the squatter accountable for their actions.
- File an Eviction Lawsuit
- If the squatter does not comply with the eviction notice, it is time to file a civil lawsuit against them for their unlawful occupation of your property or land. This will allow a judge to give you permission to expel them.
- Have the Squatter Removed
- After the eviction lawsuit has been won, you will need to coordinate the removal of the squatter from your property if this is not automatically handled by your local law enforcement.
- Handle the Squatter’s Belongings
- Research your local laws about abandoned property because in some places it may actually be illegal to simply throw out or destroy the property left behind by the squatter.
What Not to Do When Evicting Squatters
Don’t Remove the Squatter Yourself
- Removing squatters yourself is known as ‘self-eviction’ and is illegal. Although highly infuriating, it is best to handle this matter through the legal system rather than putting yourself at risk (legally and/or physically) by attempting to remove the squatter yourself.
Don’t Change Property Locks
- Just as it is illegal to force a tenant out by changing the locks or turning off utilities, it is also illegal to exhibit this behavior with a squatter.
Don’t Threaten the Squatter
- It is best to not get sucked into any sort of altercation, whether physical or verbal, with the squatter as this can lead to an escalation of the problem and further issues for you and your business. As stated earlier, it is best to have patience when dealing with a squatter, and allow the legal system to work for you.
How to Prevent Squatters
The best way to deal with squatters is to have strict preventative measures to hopefully avoid them all together.
- Secure your property as thoroughly as possible
- Make sure to pay all your property taxes
- Conduct frequent property inspections
- Erect “No Trespassing” signs throughout the property along with CCTV cameras
Squatter’s Rights by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- District of Columbia
Disclaimer: This is not legal advice. You should seek qualified legal counsel for your own situation.