Squatter’s Rights in Louisiana

Squatters are individuals who inhabit an abandoned or vacant property without the owner’s consent. While it may appear to be trespassing, Louisiana law provides certain exceptions. Moreover, squatters may acquire legal ownership of the property if they adhere to specific guidelines.

Comprehending the intricacies of the landlord-tenant relationship and a squatter’s rights in Louisiana can assist you in retaining possession and authority over your unoccupied properties, as well as equip you to handle unwelcome occupants more effectively.

A Summary of Squatter’s Rights in the State of Louisiana

In Louisiana, squatting itself is not against the law. However, it can become illegal if the squatter refuses to leave after receiving a written eviction notice, attempts to falsely claim ownership of the property, or creates a disturbance to the public.
Until the property owner explicitly communicates that the squatter is unwelcome, they are not committing a crime. This highlights the importance of property owners remaining attentive to their unoccupied properties.
While Louisiana’s government does not condone short-term squatting, they may grant legal ownership through adverse possession if the squatter fulfills all necessary requirements.
In Louisiana, adverse possession cases are referred to as acquisitive prescription.
For squatters to be eligible for adverse possession, they must have continuously occupied the property for 30 years, or 10 years if they possess a color of title.
Louisiana’s adverse possession laws are similar to those of other states, with minor variations in terminology.
Property owners and landlords can remove squatters through the standard eviction process, but they are prohibited from attempting to forcibly remove them on their own.

Adverse Possession Requirements in Louisiana

In Louisiana, a squatter must meet the following criteria to have a valid adverse possession claim:

Maintain continuous possession of the property for a minimum of 30 years. If the squatter has a color of title and believes they are the rightful owner, the continuous possession requirement may be reduced to 10 years.
Occupy the property without interruption. Leaving and returning to the property resets the clock on the continuous possession requirement.
Maintain peaceable occupancy. Louisiana law specifically prohibits squatters from disturbing the peace or causing any trouble or annoyance in the community.
Openly occupy the property. Squatters must make no effort to conceal their presence, and it should be evident to others that they are occupying the property.
Establish an indisputable presence. It must be a known fact that the squatter occupies the property.
Set visible and discernible boundaries. Squatters must erect a fence or boundary around the area to enclose it.

In summary, Louisiana’s adverse possession laws require a person to openly, publicly, and peacefully occupy a property continuously for 30 years without leaving for any length of time. During their occupancy, they must establish visible boundaries and make their presence known.

While paying property taxes and having a color of title are not required, both can support a squatter’s pursuit of acquisitive prescription.

If the legal property owner does not serve written notice denying permission and never officially asks the squatter to leave, the squatter may take legal action to secure rightful ownership of the property.

Prevent Unwanted Occupants

Avoiding the troubles and legal battles associated with squatters and adverse possession laws is best achieved by deterring unauthorized individuals from entering your property from the start. However, if you find yourself dealing with squatters who have already taken up residence, there are legal avenues available to remove them.

Property owners and landlords can implement the following precautionary measures to minimize the chances of squatters establishing themselves on their property. Additionally, the actions permissible under Louisiana law for removing existing squatters are outlined below.

Erect No Trespassing Signage and Ensure All Access Points Are Fortified

An initial deterrent against illegal occupancy is visibly demarcating the property as privately owned and forbidding unauthorized entry. Prominently posted notices often suffice in discouraging prospective squatters and nullify any assertions that their presence was sanctioned.

Furthermore, securing all portals of ingress precludes attempts at forced entry. The implementation of a surveillance apparatus provides an even greater level of protection.

Protect Your Unoccupied Real Estate

Trespassers often seek out neglected, seemingly forgotten properties that appear to be easy targets for unauthorized occupation. If your vacant property looks run-down and poorly maintained, it may attract unwanted attention from squatters who believe they can move in without consequence. On the other hand, a tidy, well-kept property conveys the impression that it is frequently visited and monitored, deterring potential intruders.

Make an effort to inspect your unoccupied properties on a regular basis, or enlist the help of neighbors to keep a watchful eye out for any suspicious activity.

Maximize Your Property’s Potential with Reliable Tenants

Protect your investment and ensure a steady income stream by renting your properties to trustworthy tenants. Collaborate with a reputable property management company that specializes in efficiently filling vacancies with qualified renters, allowing you to enjoy peace of mind knowing your property is in good hands.

Legally Evicting Squatters in Louisiana

In Louisiana, the proper legal procedure for removing squatters is through the eviction process. The state’s eviction laws are straightforward, with no additional complexities for handling squatters.

For any occupancy lasting less than one month, including all lease violations, non-payment of rent, and unauthorized occupancy, a five-day notice to quit must be issued. This notice grants the individual five days to vacate the property.

If the squatters are holdover tenants with a lease exceeding one month, they are entitled to a 30-day notice.

Should the person fail to leave the premises by the end of the notice period, you may proceed with filing an eviction lawsuit in court. Although the squatter has the right to contest the suit, their chances of success are slim. While the process may be time-consuming, once the eviction is approved, the sheriff can remove the unwanted occupants from the property.

Propose a Rental Agreement to the Occupants

Instead of immediately pursuing an eviction, consider offering the individuals occupying your property the chance to become legitimate tenants by signing a rental agreement.

This approach prevents them from making an adverse possession claim, provides them with a more stable living arrangement, and allows you to generate income from the property as the owner, even while you are away.

Sell Your Property to a Cash Buyer in Its Current Condition

If you want to avoid the hassle and stress of an eviction process, another option is to sell your property as-is to an online cash buyer. Many of these companies are willing to purchase properties in their current state, regardless of condition, and can close the sale quickly for cash.

While the sale price may be lower than market value, it can be an attractive solution for property owners who want to offload their abandoned property fast. The responsibility of dealing with any squatters then falls on the new owner.

Color Of Title

While color of title is not a strict necessity for adverse possession or acquisitive prescription claims, possessing it can greatly benefit the claimant. The presence of color of title reduces the mandatory continuous possession period from a lengthy 30 years down to a more manageable 10 years, thereby expediting the process significantly.

Legal Limitations on Squatting

From a legal standpoint, squatters are not committing a crime by inhabiting an unoccupied property until the rightful owner explicitly communicates that their presence is unwelcome. Consequently, squatters can theoretically remain indefinitely if no intervention occurs.

However, once the property owner formally requests the squatters to vacate the premises, they are obligated to adhere to the timeline specified in the eviction notice. Failure to comply within the designated period would constitute trespassing.

Property Taxes

In Louisiana, squatters are not obligated to pay property taxes in order to file an adverse possession claim. However, choosing to pay these taxes can strengthen their case.

Squatters are only allowed to pay property taxes if the rightful owner is not doing so. By paying the taxes, the squatter demonstrates that they are maintaining and caring for the property more effectively than the current owner, which can bolster their adverse possession claim.

Evicting Unauthorized Occupants

In Louisiana, only the sheriff is legally permitted to remove squatters by force, and this can only occur after the court has issued a 24-hour Writ of Possession.

Landlords and property owners are prohibited from attempting to remove squatters themselves through means such as changing locks or shutting off utilities like electricity and water, as these actions are considered unlawful.

In Conclusion

Squatters in Louisiana must occupy a property continuously for 30 years before they can file an adverse possession claim, with one exception. If the squatter has a document they believe grants them legal ownership, known as color of title, the required occupation period is reduced to 10 years.

However, even with color of title, the squatter must still meet all other adverse possession requirements under Louisiana law during that decade of occupancy.

Louisiana property owners can learn more about their rights and responsibilities, as well as access a variety of useful forms and documents, to help them effectively manage their land and buildings. By staying informed and prepared, landowners can protect their property interests in any situation that may arise.

Frequently Asked Questions

What are the legal options for removing squatters in Louisiana?

In Louisiana, property owners must go through the judicial process to remove squatters. After obtaining a court order called a Writ of Possession, the local sheriff is the only one authorized to carry out a forcible eviction, which takes place after giving the squatters 24 hours notice.

Can a squatter’s adverse possession claim in Louisiana be strengthened by paying property taxes?

While Louisiana adverse possession laws don’t mandate that squatters pay property taxes to file a claim, choosing to do so may bolster their case.

What is the legal time limit for squatters occupying a property in Louisiana?

In Louisiana, there is no specific time limit for how long a squatter can remain on a property without the owner’s permission. As long as the property owner does not explicitly communicate that the squatter is unwelcome, the squatter can continue to occupy the property indefinitely without facing legal consequences.

Is it advisable to seek legal counsel prior to increasing rental rates?

Consulting with a legal professional before implementing a rental increase is a prudent course of action, particularly if your due diligence suggests that the proposed increase may exceed legally permissible limits.