What Are Squatter Rights? A State-by-State Guide for Landlords 

Squatters’ rights have been a hot topic recently. Dealing with squatters is a stressful – and often costly – headache for Landlords. To avoid legal disputes and unnecessary challenges, Landlords need to understand what a squatter is, how squatter’s rights work, and ways to reduce the risk of having squatters. 

Here’s a step-by-step guide to answer the primary questions: What are squatter rights, and how do they affect Landlords? For additional property management tools and resources, visit ezLandlordForms.com. 

What Are Squatter Rights? 

A squatter is a person who lives in a property without legal permission. It can be an individual who moves into a vacant property or a Tenant who stays in a unit after the end of the Lease term. 

Some defining characteristics of squatters are: 

• No legal right to live in the rental unit 
• No permission or consent from the property owner 
• No rent payments made 
• Intent to live in the property 

Squatters are treated differently from trespassers. When an individual is classified as a squatter, they gain legal protections and rights. 

One of the questions we get the most from Landlords the most is, what are squatter rights? Squatters’ rights are the legal protections that squatters gain when they occupy a rental unit for a specific period with the intent to live there. 

Laws vary from state to state, but generally, squatters have to be evicted to be removed from a property. In some situations, squatters can gain legal rights to the property through adverse possession. 

What Are the Differences Between a Tenant vs Squatter vs Trespasser? 

Tenants, squatters, and trespassers each have unique rights and protections, and Landlord rights vary based on the occupants’ classification. Because of this, Landlords must understand the differences between these three groups. Here’s a look at key differences: 

• Tenants: Tenants have a legal right to possess the property. They pay rent and usually have signed a Lease Agreement. Tenants have legal rights and protections. They can only be removed through an eviction. 
• Squatters: Squatters have no legal right to possess the property. They occupy a unit without permission and do not pay rent. Squatters occupy with the intent to make the property home and often have evidence of occupancy, such as utility bills, property tax receipts, and property improvements. Squatters can gain rights to remain in the property and often can only be removed through eviction proceedings. 
• Trespassers: Trespassers enter a property without permission or legal rights. They do not pay rent or intend to claim the property. They gain no rights and can be removed immediately by law enforcement. 

State-by-State Guide to Squatter Rights & Adverse Possession Laws

Adverse possession is a legal theory that provides a way for squatters to gain ownership of a property. Adverse possession requirements vary by state, but generally, to gain legal ownership, an individual has to openly, exclusively, and continuously possess a property without the Landlord’s permission. 

Each state has unique requirements to adversely possess property. The time periods required to legally gain property ownership for each state are: 

While those are the state requirements to gain legal ownership, Landlords need to know that: 

• Some municipalities have shorter periods for occupancy 
• An unlawful occupant can gain squatter’s rights in just a few days or weeks – for example, New York City squatter laws provide that previous Tenants can gain squatter’s rights in 30 days
• Once an occupant has gained squatters’ rights, the property owner must file an eviction to remove them from the property. 

Common Misconceptions About Squatters’ Rights

There are many misconceptions about squatter laws. Here are a few common misconceptions that can lead to problems for property owners: 

• Squatters have the same legal rights as trespassers. Squatters do not have the same legal rights as trespassers. Unlike trespassers, squatters enter a property with the intention of staying for the long term and gaining legal possession of the property. Squatters have legal rights and protections that trespassers do not. 
• Squatters can be removed by law enforcement. In most cases, law enforcement views squatting as a civil issue that should be resolved by the property owner. While law enforcement will remove a trespasser, they usually will not remove a squatter. Landlords must initiate eviction or ejectment proceedings to remove a squatter. 
• Squatters gain ownership rights if they pay property taxes. Each state has specific requirements for gaining legal possession of a property. Just because a squatter pays property taxes does not mean the squatter automatically has ownership rights. 

Step-by-Step Guide: How Landlords Can Legally Address Squatters from Discovery to Removal 

Squatter laws can be difficult to navigate. Property owners need to be familiar with landlord rights to know how to remove squatters legally. While it’s important to review your state squatter rights, here’s a general guide for dealing with someone unlawfully occupying your rental property. 

1. Act promptly. As soon as you realize that someone is unlawfully on your property, take action. 
2. Call law enforcement. Whether it’s a trespasser or a squatter, you don’t want to take matters into your own hands. Contact law enforcement for help removing someone from your property. In many cases, simply calling the police will cause the occupant to leave. Even if the occupant claims squatter rights and does not leave when law enforcement arrives, you can file a police report, which can be used in future court cases. 
3. Initiate eviction proceedings. If the person claims squatter’s rights and refuses to leave when law enforcement comes, begin the eviction process. This starts with a formal eviction notice. If the squatter does not leave within the notice period, file an unlawful detainer lawsuit. If the case is successful, comply with all state eviction requirements, including requirements involving personal property. 

What Steps Can Landlords Take to Prevent & Handle Squatting Issues 

The good news is that there are things property owners can do to drastically reduce the risk of having to deal with squatter rights. 

To avoid the risk of having to file a squatter eviction or comply with squatter laws: 

• Stay current on property taxes
• Check on your property regularly. Make sure you or a property manager checks in on vacant properties at least once a month. 
• Keep unoccupied rental units in good condition and ensure all windows and doors are sealed and locked. 
• Add security for vacant rental properties, including alarm systems, cameras, motion-activated lights, gates, and no-trespassing signs. 
• Only hand over possession to qualified Tenants. Previous tenants can become squatters at the end of the tenancy. Tenant screening ensures you are informed about an applicant’s rental history and only give the keys to qualified Tenants. 

Protect Your Investment Properties 

Good property management and tenant screening can dramatically reduce the risk of having to deal with squatter laws or a squatter eviction. Avoid these headaches by: 

• Staying informed about state squatter rights 
• Only handing over possession to qualified Tenants 
• Keeping your vacant rental properties in good condition. 

And, as always, the ezLandlordForms team is here to help. We have answers to all the pressing Landlord questions, like what are squatter rights, how to remove squatters, and how to deal with Landlord headaches. 

Create a free account today to send a tenant screening request or review our library of free resources for Landlords and property managers.