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Squatters’ Rights: A Guide to State Law & How To Evict

Squatters’ rights (adverse possession) can allow someone to claim ownership of your property if legal conditions are met. Learn how long it takes, what the laws are in your state, and how to remove a squatter legally.

Property owners across the United States have become increasingly concerned about squatting and adverse possession laws. All 50 states recognize some form of adverse possession, which under specific legal conditions may allow a person occupying a property to pursue ownership rights after a long statutory period.

Many residential and commercial property owners are now apprehensive about leaving their buildings unoccupied due to concerns that onlookers may view it as a squatting opportunity. Even landlords seeking tenants must be vigilant when screening applicants, as in some cases a tenant may stop paying rent and remain in possession of the property, requiring formal eviction proceedings.

Understanding squatters’ rights and adverse possession laws is critical for landlords seeking to protect their property and respond appropriately to unauthorized occupants.

Do Squatters Have Rights?

Squatters do not automatically gain legal rights simply by occupying a property. However, under adverse possession laws, they may attempt to claim ownership if strict legal requirements are met over time. In most cases, property owners who act quickly can prevent these claims entirely.

What are Squatters’ Rights?

Squatters’ rights generally refer to adverse possession laws, which may allow an occupant to claim legal ownership of a property if strict legal requirements are met and the property owner does not take action within the statutory period.

Adverse possession laws typically require possession that is continuous, open and notorious, exclusive, and hostile (without permission) for a statutory period defined by state law. In New York, for example, a squatter can be awarded “adverse possession” under state law if they have been living in a property for 10 years or more.

It’s important to note, however, that each state has its own laws surrounding this topic. This means that how squatting is approached and dealt with varies greatly depending on where it occurs.

How Long Before a Squatter Can Claim Rights?

The required time period varies by state and can range from a few years to several decades. In addition to time, the squatter must meet strict legal requirements such as continuous, open, exclusive, and hostile possession of the property.

Who is a Squatter?

A squatter is an individual who occupies a property without the legal right or permission to do so. The squatter lives in the building or on the property they select without paying rent and without lawful documentation stating they own the property, are a law-abiding tenant or that they have permission to use or access the area.

Squatting vs. Trespassing

A squatter should not be confused with a trespasser. A trespasser enters a property without permission and can typically be removed immediately by law enforcement under trespassing laws.

A squatter, however, may require formal eviction proceedings if they claim occupancy rights, even if those claims are ultimately invalid. The property owner would typically need to go through the court eviction process to remove the occupant.

Which States Have Squatters’ Rights?

Squatters’ rights, also known as adverse possession laws, exist in all 50 states of the U.S. How and when these laws are enforced differ greatly from state to state, however.

Some states require longer statutory periods (often 20 years or more) to qualify for adverse possession:

Other states allow adverse possession claims in shorter timeframes, depending on additional legal requirements:

Important note: Some of the states listed above require the squatter to possess a deed, or to have paid taxes during their occupancy, while others do not. In some states, if the squatter can produce the required documentation, the number of years may be reduced.

Recent Changes to Squatter Laws

Several states have recently strengthened laws to make it easier for property owners to remove squatters, including faster eviction procedures and increased penalties for unlawful occupancy. Because these laws continue to evolve, property owners should review current state and local regulations or consult a qualified attorney.

How to Protect Your Property From Squatters

The best way to protect your vacant property from squatters is to screen and select the right tenants. You should prioritize potential tenants with a history of paying rent promptly without any potential red flags, such as poor credit or a past eviction. Streamline this process with AAOA’s tenant credit check today!

By screening potential tenants, a landlord can opt for great renters that will not only take care of the property but also pay their rent promptly. Ultimately, this type of tenant is much less likely to become a holdover tenant or squatter.

If your property is vacant, you’ll want to proactively keep an eye out for any unusual activity on your premises and set up deterrents. Some great options include:

• Installing an alarm system.
• Setting up “no trespassing” signs.
• Placing motion-activated lights on your property.
• Hiring a property management company. (This is a great option if you don’t live close enough to your property to regularly check in on it.)

By taking these steps, a landlord can prevent squatters from occupying and claiming possession of the vacant property. The key is to make your home’s entry points inaccessible to potential squatters. 

Don’t forget to check in with your state’s squatter laws to ensure you cover all of your bases when protecting your property.

How to Evict a Squatter Fast (4-Step Guide)

Removing a squatter quickly requires following formal legal eviction procedures, even if the individual never had a lease.

The exact eviction process varies by state, but generally follows these steps:

1. Call the Police

The more quickly you contact your local law enforcement, the better. They will be able to file an official police report, which you can use in the future if you end up having to pursue an eviction via the court system. The more evidence and documentation you have to demonstrate your efforts to remove the individual(s) from your premises, the stronger your case will be.

Remember, you cannot legally try to intimidate the squatter or forcibly remove them from your property. If you must engage with the individuals who are illegally inhabiting your property, you should have a police officer present.

2. Provide a Formal Eviction Notice

After you’ve notified the authorities that there is an illegal tenant on your property, you’ll need to file an Unlawful Detainer action. The process of filing such an action can vary from state to state, so it’s important to speak with a lawyer or your local court office to ensure you understand all of the required steps.

3. Litigation

If the squatter refuses to leave after being ordered to do so, you can take further action by filing a lawsuit. After doing this, a hearing date will be set and both parties will be required to attend. If the courts rule in your favor (which is most likely), the judge will order the police to escort the squatter from the premises. At this point, you will be allowed to change the locks on your property.

4. Remove Any Possessions Left Behind

As frustrated as you may be at this point, it’s important to remember that you can’t always just discard any possessions a squatter leaves behind. 

Some states require landlords to provide written notice to the squatter stating a deadline by which they must collect their belongings. Because squatters are often difficult to contact, you can protect yourself by having this letter prepared and bringing it to your court hearing. In this same notice, you can disclose what you intend to do should the belongings not be collected by the specified date. 

As you follow these recommended steps, be sure to speak to a lawyer or your local judicial office to ensure you are following the proper procedures. If there is any confusion or additional steps that must be taken, they can advise and provide you with the necessary information. 

Avoid dealing with squatters in the first place. Screen tenants in minutes and identify high-risk applicants before signing a lease.

The information provided herein is for advisory purposes only and AAOA takes no responsibility for its accuracy. AAOA recommends you consult with an attorney familiar with current federal, state and local laws.