Squatter’s Rights in Washington DC

Leaving your unoccupied property unmonitored puts it in danger of being inhabited by unauthorized individuals. After an extended period of residence, they might even pursue legal recourse and secure ownership of the property, which can be a source of anxiety and aggravation for you or any other property owner.

Luckily, although Washington legislation permits squatters to take control of an abandoned unit, there are several methods you can safeguard your legal ownership, such as paying property taxes, conducting regular inspections, and more!

Are you interested in learning how to stop trespassers from asserting rights to your property? Are you searching for a legitimate means to remove them? Continue reading to discover the essential information you should be aware of regarding squatters’ rights in Washington.

Summary

Time needed to claim property through adverse possession: A full decade of uninterrupted occupation, or seven years for adverse possessors with color of title who have also paid property taxes
Color of title: Necessary for adverse possessors seeking to claim property after seven years
Evicting unauthorized occupants or trespassers from a property you own: File a judicial eviction with the court after issuing a 3-Day Pay or Vacate Notice
Tax payments: Mandatory for adverse possessors trying to acquire property after seven years of continuous occupation

The Scourge of Squatters in Washington DC

Squatters are the bane of property owners in Washington DC, illegally occupying homes and buildings without permission or payment. These freeloading interlopers take advantage of legal loopholes to squat rent-free, much to the frustration of rightful owners.

To fully grasp the squatter problem, one must also understand the related but distinct concepts of trespassers and holdover tenants. Let’s break it down.

Trespassers: Unwanted Intruders

Many erroneously equate squatters with trespassers, but key differences exist. Squatting is often a civil dispute, while trespassing is an outright criminal act.

However, squatters can face criminal charges if they remain after being clearly told to leave by the owner or if they falsely claim ownership through fraudulent paperwork. That said, Washington law does grant limited rights to squatters that must begrudgingly be respected.

Squatters may avoid trespassing charges if they meet certain dubious criteria:

Occupying an unused property
Gaining emergency access without owner consent
“Beautifying” the property through arguably superficial means like planting flowers or cleaning

Holdover Tenants: Overstaying Their Welcome

Another commonly confused term is “holdover tenant” – renters who refuse to leave after their lease expires, essentially becoming squatters.

If the owner allows them to stay and continue paying rent, they become “tenants at will.” Landlords can legally evict such tenants as needed without prior notice.

Holdover tenants who defiantly remain after receiving a notice to vacate may face unlawful detainer lawsuits. They forfeit any adverse possession claims and cross the line into criminal trespassing.

Adverse Possession Laws in Washington DC

In Washington DC, individuals can acquire legal ownership of a property through adverse possession if they have openly and continuously occupied the property for a minimum of 15 years without the owner’s permission. This law, known as squatters’ rights, allows the occupant to claim legal title to the property after meeting specific requirements.

Alternatively, adverse possession can be claimed after just 7 years of continuous occupation if the squatter has color of title (a document that appears to grant ownership but is not legally valid) and has diligently paid property taxes during that period. Once the adverse possession claim is filed, the squatter is no longer considered a criminal trespasser and may be granted legal right to remain on the property.

Asserting Ownership Through Adverse Possession

Individuals occupying a property without the owner’s permission may seek to obtain legal ownership rights through an adverse possession claim. To successfully secure title to the property, the claimant must satisfy several key criteria, such as:

Adverse Possession Requirements

To successfully claim adverse possession, a squatter must demonstrate that their occupation of the property meets certain legal criteria. While the specific requirements may vary by jurisdiction, the following three elements are commonly recognized:

Open and Notorious Possession: The squatter’s presence on the property must be obvious and apparent to the true owner and the general public. They cannot attempt to conceal their occupation or use of the property.
Continuous and Uninterrupted Possession: The squatter must maintain continuous possession of the property for the duration of the statutory period, which varies by state. Brief absences or interruptions in possession may reset the clock on the adverse possession claim.
Exclusive Possession: The squatter must demonstrate that they have exercised exclusive control over the property, acting as if they were the true owner. Shared possession with the actual owner or other individuals may undermine an adverse possession claim.

Visible and Well-Known Occupation

Squatters aiming to claim a property through adverse possession must make their presence on the premises clearly evident, rather than attempting to conceal their occupancy. It should be apparent to any individual, including a property owner who puts in a reasonable amount of effort to check on the status of their unit, that the property has been inhabited by squatters.

Physical Occupation

Similar to the requirements in other states, squatters in Washington must provide evidence that they are currently residing on and utilizing the property. This can be demonstrated by documenting any enhancements or aesthetic improvements they have made to the property.

Washington, however, has a unique provision in its law. For those who have been occupying forestland and intend to file adverse possession claims, they are required to make significant improvements to the property, with costs surpassing $50,000.

Uninterrupted Occupancy

When it comes to establishing uninterrupted occupancy, squatters have two potential paths depending on their specific living circumstances. If they have resided in the property for a full decade without any breaks, they may pursue an adverse possession claim. Alternatively, for those who possess color of title and have fulfilled their property tax obligations, the required timeframe is reduced to seven years.

It is crucial for squatters to understand that vacating the premises for extended periods, such as weeks or months, and then attempting to reclaim possession later will not suffice. The occupancy must be unbroken from the initial point of entry until the commencement of the adverse possession process.

However, there is a notable exception to this timeframe that can work in favor of property owners. In situations where the rightful owner is legally disabled, the period for reclaiming control of the property can be prolonged through a mechanism known as “tolling.”

In essence, the adverse possession claim period only begins three years after the legal disability has been resolved. This applies to scenarios involving minors, active military personnel, incarcerated individuals, and those deemed legally incompetent.

Sole Occupancy

For a squatter to pursue a legal claim for ownership rights to a property, they must demonstrate that their occupancy was not shared with any other individuals, including fellow squatters, renters, or property owners. This concept is referred to as sole occupancy.

Understanding Color of Title

When researching squatters’ rights, you may have encountered the term “color of title.” In legal contexts, color of title refers to a situation where property ownership is considered irregular or defective due to missing documentation, registrations, or memorials. While the owner may possess the property, their claim is not fully supported by the required legal paperwork.

In Washington, having color of title and consistently paying property taxes can reduce the length of time required for continuous occupancy under squatters’ rights. To benefit from this provision, squatters must maintain possession of the color of title document for an uninterrupted period of seven years.

Evicting Unauthorized Occupants

Washington has distinctive regulations regarding the removal of unauthorized occupants from another person’s property. In this state, property owners have the right to remove individuals who have taken up residence in their units without consent by involving law enforcement.

Unlike most states that necessitate the property owner to commence a civil eviction process to compel squatters to vacate their property, Washington permits landlords to pursue criminal action against these individuals.

Property owners are required to provide a declaration form to police officers, who must then allow the unauthorized occupant an opportunity to furnish credible evidence demonstrating their right to occupy the unit.

If the unauthorized occupants are unable to produce persuasive evidence, law enforcement officers are authorized to remove them from the property or arrest them for trespassing if they decline to leave voluntarily.

This approach is suitable for property owners who have requested that unauthorized occupants vacate, provided there has been no landlord-tenant relationship within the preceding 12 months. In such cases, landlords are obligated to pursue the conventional eviction process.

Understanding Declaration Forms for Removing Squatters

In Washington, property owners can use a special declaration form to enlist the assistance of local law enforcement in removing unauthorized occupants or squatters from their property. The declaration must include the following key points:

The declarant is the rightful owner of the property or has legal authority over it.
The current occupant is not a tenant, owner, or someone who has held such status within the past 12 months.
The occupant is residing on the property without the owner’s permission.
The property was not abandoned or accessible to the general public when the unauthorized occupant entered.
The declarant acknowledges that making false statements about property rights could result in legal action by the occupant.
The declarant absolves the law enforcement agency and officers of any liability related to actions taken based on the declaration.

Defining Acceptable Proof for Legal Occupancy

When an individual is found residing on a property they do not own, they are obligated to provide valid documentation supporting their claim of legal tenancy or authorized occupancy. Law enforcement and other relevant authorities have a duty to thoroughly examine any submitted evidence to verify the person’s status as a tenant, invited guest, or lawful resident. Failure to furnish satisfactory proof may result in the removal of the occupant from the premises.

Safeguarding Unoccupied Properties from Unauthorized Occupancy

If you are the proprietor of an uninhabited property in Washington and wish to safeguard it against unlawful occupancy, consider implementing the following measures:

Ensure timely payment of property taxes, as this serves as evidence of your legal ownership rights
Consult with a legal professional well-versed in adverse possession laws to prevent unauthorized individuals from assuming ownership of the property
Conduct regular visits and thorough inspections of your unoccupied unit
Implement robust security measures, such as fencing or locking systems, to protect your building or land
Prominently display “No Trespassing” signage on the premises if it is vacant
Consider offering unauthorized occupants the opportunity to rent the property as a means of preventing adverse possession claims
Seek the assistance of law enforcement authorities before attempting to evict unauthorized occupants on your own, as this may result in legal action against you

Concluding Remarks

As discussed earlier, it is possible for a squatter to acquire legal ownership of someone else’s property through the process of adverse possession. However, it is important to note that the laws governing adverse possession in Washington state have some unique aspects compared to other states.

In Washington, an individual who possesses color of title for a period of seven years in a row may be able to make a claim of adverse possession before the standard timeframe has elapsed. Furthermore, in certain situations, property owners have the right to pursue legal action against squatters on the grounds of trespassing.

Evicting Squatters in Washington DC: A Guide for Landlords

If you’re a landlord in Washington DC dealing with a squatter on your property, you have legal recourse to remove them. By following the proper steps and filing a declaration form with local law enforcement, you can initiate the eviction process and regain control of your property.

Safeguarding Your Real Estate Investment Through Property Tax Payments

By consistently meeting your property tax obligations, you can firmly establish legal ownership of your real estate holdings and ensure the security of your investment.

The Benefits of Consulting a Lawyer for Legal Guidance

When facing the necessity of legal action against unauthorized occupants, seeking the assistance of a qualified legal professional is the most prudent course of action. Experienced lawyers can provide invaluable insights into the complexities of Washington’s legal system and effectively advocate for your lawful right to safeguard your property interests.

What is the Deadline for Challenging an Adverse Possession Claim?

It’s best to initiate legal action as quickly as possible, as Washington law permits squatters to reduce the timeframe required to establish an adverse possession claim if they have been paying property taxes and possess color of title to the property in question.