How to Get Rid of Squatters

It’s every landlord’s nightmare: walking into their property and finding people living there already. You don’t know who they are; they’re not your tenants and certainly don’t belong in your building. Getting rid of them is more challenging than telling them to go away. What are your legal rights for removing squatters from your property, and what are their rights for living in a home that isn’t theirs?

What Is a Squatter?

A squatter is an individual or group who occupies a property without legal rights or the owner’s consent, living there rent-free. Often moving into vacant buildings or unoccupied land, these individuals can remain for years without their presence being known to the neighboring community. They are not limited to abandoned structures; they can also take up residence in vacation homes and secondary properties.

In certain states, merely receiving mail at a residence can be enough to claim occupancy. This situation poses a challenge for landlords, especially those who permit tenants to overstay their leases or sublease to friends or relatives. As a result, a landlord might discover the property is inhabited by individuals they never agreed to rent to, with the original leaseholders having vacated, leaving no one formally accountable. However, there are ways to address and remove these unauthorized occupants, which we will explore.

Squatting vs Trespassing 

Entering a property without the owner’s permission constitutes trespassing, which, depending on the circumstances of entry, may be classified as either a civil or criminal offense.

Duration of Stay

• Trespassing: Temporary and brief
• Squatting: Extended and potentially long-term

Intent

• Trespassing: Usually unintentional or for a specific purpose (e.g., shortcut, hunting)
• Squatting: Intent to occupy and potentially claim ownership

Property Owner’s Rights

• Trespassing: Can immediately remove trespassers, not obligated to ensure their safety on the property
• Squatting: May require legal action to remove squatters, depending on local laws

Examples

• Trespassing: Children taking shortcuts, hunters on private land
• Squatting: Individuals living in abandoned buildings, homeless individuals occupying vacant properties

Squatters Rights (Adverse Possession)

Squatters have several legal rights based on the legal theory of adverse possession. This rule is a law in many states and countries based on old English laws that land should be used. In adverse possession, an individual comes onto property they do not own and then lives there, makes improvements to the property, and may even pay taxes and other bills.

After the statutory period, the squatter can gain title to the land because they have been living there and using the property, while the actual owner has not. There are five elements to obtaining property by adverse possession.

1. Continuous Possession: The squatter must remain in continuous and uninterrupted use of the property. Some states have a variation of this rule that says the property must be used as the real owner would. A vacation home used six months a year might qualify as “continuous possession.”
2. Hostile/Adverse Possession: This does not mean the squatter uses force or throws the owner out. Hostile means no lease or rental agreement, and the owner never permitted the squatter to live there.
3. Open and Notorious Possession: It must be obvious the squatter is living there. The owner may not know the squatter is there, but they must be able to find out if they try.
4. Exclusive Possession: Only the squatter may live there during the statutory period. If several different people occupy the property, it will not qualify under the adverse possession laws.
5. Actual Possession: The squatter must maintain possession during the entire statutory period, which can be from five to 30 years. Possession may include maintaining or improving the property, paying taxes, or seeking title.

Holdover Tenants

Holdover tenants are tenants who refuse to leave after the lease expires. If the landlord allows them to stay, they become month-to-month tenants and pay their rent as before. If the landlord does not want them to stay, they must be evicted. The landlord must move quickly on this because the longer holdover tenants remain, the more damage they can do to the premises.

States With Squatters Rights

Every state has a specific period, ranging from five years in California to 30 years in New Jersey, with the average being 15-20 years, during which a person can claim adverse possession. The property owner can interrupt this period at any point through eviction proceedings.

For example, in California, a person claiming adverse possession can still be evicted in the fifth year of occupancy. Additionally, some states require individuals to meet extra criteria, such as paying property taxes or making improvements.

In 2014, Michigan introduced a law allowing property owners to use “self-help” methods, like shutting off utilities, to remove unauthorized occupants. This measure does not apply to tenants behind on rent. Owners are advised to seek legal counsel before taking action.

How to Evict A Squatter

Landlords and those unlawfully occupying properties often have similar knowledge, with the latter potentially having more support. However, eviction can be straightforward if one strictly follows the legal procedures required.

Step 1 – Call The Police

When you notice the squatters, contact the police or law enforcement. The police may not take any immediate action, but you must have some evidence that you have begun the eviction process. Notice the “hostile and adverse” portion of adverse possession. You must show that you have noticed the possession and begun steps to remove the intruder.

You should never attempt to contact the squatter on your own. If you see someone on your property, wait until you have law enforcement with you before trying to contact them.

Step 2 – Begin the Formal Eviction Process

You must begin with an eviction notice. This is not a standard “clear or quit” notice. Most states have different eviction notices for squatters. In California, it is a standard 3-day notice. In New York, you must give them ten days to leave the property.

Once the time to leave has passed, you may begin the eviction process. You must file an Unlawful Detainer or Petition with the court. Since you won’t know the occupants’ names, the documents must be made out to “all occupants in residency” or “John Does 1-50” and “Jane Does 1-50” or something similar. You should consult an attorney for the proper wording in your jurisdiction.

Step 3 – Litigation

If the squatters don’t leave, which is likely, and don’t respond to the summons or appear at the hearing, which is also likely, the judge will grant you a summary judgment. This allows law enforcement to remove the squatters if they are still there.

If the squatters do come to court: If a squatter does come to court, it’s because they have actual legal grounds for claiming a right to the property. These can include:

• Title to the Property: There may be a “cloud” on the title, and the squatter may have a title that was outside the chain of title when you purchased the land.
• Miscount of Time: Either you or the squatter may have miscounted the time of the statutory period. For instance, they may have thought the statute ran out six months ago, but you believe you still have three months left.
• Other Claims: There are ways to join two periods of adverse possession. “Tacking,” when two parties in interest have the same property, is permitted in some places. Seasonal use by an adverse possessor is allowed if the valid owner would have used it seasonally.

Be prepared with all documentary evidence necessary to prove ownership, including tax payments and utility bills. Courts tend to side with those who have lived on and maintained the property.

Step 4 – Remove Any Possessions Left Behind

The squatters will likely leave property behind. As with all other laws, states have differing laws about how and where you must deal with this property. No state will let you abandon it in the street.

If your state requires you to give notice, you should prepare it and bring it to the hearing. The unlawful residents will unlikely remain on the property after the hearing or leave a mailing address.

Protecting Yourself When Dealing With Squatters: The DO NOTs

If you own a property that is taken over by squatters, use common sense when dealing with them. As irritating as it may be, let the law and the courts handle it.

Don’t Take Matters Into Your Own Hands

Do not think that “castle doctrine,” [1] “stand your ground,” [2] or other rules apply here. Landlords cannot engage in self-help evictions, and unfortunately, in the eyes of the law, until you’ve gone through the system, you’re technically a landlord.

You cannot know what’s on the other side of the door. It could be a family down on their luck. It could be a well-armed meth lab.

Don’t Ignore the Law

Squatters have rights known as adverse possession. If you adhere to the laws, they will protect you; however, failure to do so might result in these laws defending the occupant without permission. Violating their legal or civil rights could lead to a court appearance to explain your actions to a judge.

Know the Legal Repercussions

If you engage in self-help, such as taking off the doors, shutting off the power or water, or other acts, you may be liable for any damages the squatters suffer. They can file a civil claim against you, and the judge may ask why you did not go through proper legal channels.

If the squatters were prior or holdover tenants, you could lose the eviction case and have to keep them on as tenants.

Protecting Your Property from Squatters

The best way to protect your property from squatters is not to have them establish residency in the first place. You’re more vulnerable to squatters than an on-site landlord if you own numerous large or remote properties. Some of these suggestions may be expensive, but they are less costly than an adverse possession lawsuit.

• Routine Property Checks: If you are able, tour your properties periodically. Go through your units or properties and check for signs of trespass or entry. Generally, squatters conceal their residency, but there will be signs of life if they’re living there. Look for open windows, tracks through the undergrowth, and unlocked doors (or doors that should be open).
• Hire a Property Management Company: If you have too many properties or you live outside the area, hire a management company to keep someone on the property for you. Onsite management can be helpful for large rental properties since they can respond to noise complaints and unusual trash dumping, often signs of squatting.
• Legal Coverage: Landlords’ insurance can provide coverage for damage caused by squatters. Some types of insurance may also cover a lawsuit if you must evict squatters.
• Alarm and Security Systems: A comprehensive alarm and security response system is one of the best ways to protect any property from long-term intruders. If you have a property that will be empty for an extended period, you should have security patrols visit regularly. The property should not sit vacant and seemingly abandoned for months or years.

If you know your home will be vacant for long periods, such as a vacation home, consider monitored alarm systems that will send police or fire. Even without the risk of squatters, there are thieves and other disasters to keep in mind.

Property Sale

You can sell a property with squatters if you don’t want to deal with them or if you were planning to sell the property anyway. However, there are some significant issues to consider before you put your occupied property on the market.

• Property Damage: If the squatters have otherwise been good tenants, this isn’t a problem. However, many have destroyed the premises. If the place is trashed, you could have trouble selling it for a reasonable price.
• Safety Concerns: Squatters may have used the property as a residence, a drug house, or to manufacture methamphetamines or explosives. Buyers, realtors, and agents may have unpleasant experiences viewing the property without knowing what went on inside.
• Legal Claims: Review the requirements for adverse possession. The squatters may have some legal claim to the property you’re unaware of. This often happens when the squatters claim an easement or partial use of a property.

Frequently Asked Questions