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BlogArrowLandlording & Rental PropertiesArrowSquatters: What’s Legal, What’s Not, & How to Get Rid of Them
Landlording & Rental Properties

Squatters: What’s Legal, What’s Not, & How to Get Rid of Them

Scott Smith
Expertise: Landlording & Rental Properties, Business Management, Personal Finance, Real Estate News & Commentary, Real Estate Investing Basics
96 Articles Written
disheveled living room with broken window fluttering curtains blue apholstered chair

“Squatters’ rights” are two words that invoke ire in landlords, well, everywhere. The very concept may seem silly but is rooted in real law.

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But that doesn’t mean squatters can operate with absolute impunity.

What rights do squatters and property owners have? How does the smart investor handle squatters?

Read on to learn the answers and how to prevent a worst case scenario from happening to you.

Squatting or Trespassing?  

Squatting and trespassing are two different things. This is why calling the police on squatters can be a dice roll.

If the situation resembles squatting and no other crimes are occurring, the police are likely to tell you (correctly) that your dispute is a civil issue.

Trespassing, on the other hand, is a crime. If you catch someone in the act of trying to breach and make themselves at home in a private property, particularly one with tenants, then you’re actually in a great position.

This is inarguably trespassing. Call the cops, have the intruder removed, and move on with your life.

Squatting, however, is usually used to refer to unwanted tenants who have occupied a property with the intention to stay for the long haul. In addition, “holdover tenants” who have not moved out and not paid rent may also be considered squatters in some cases.

Related: A Lesson in Real Estate Safety: My Encounter With a Squatter (Pics Included!)

Real Rights Squatters May Have

The idea of squatters’ rights does have its root in genuine law. The principle of adverse possession plays out in statute, and of course real life, a lot.

What’s adverse possession, you ask? That’s the real legal concept that generally is being referred to when folks talk “squatters’ rights.”

Adverse Possession is a rare but very real way a person can come to own a property without paying rent. Its existence has led to plenty of misconceptions about so-called squatters’ rights. But the reality of adverse possession is that in states that permit it, the person usually has to live on the property for a minimum period of time—typically several years.

On top of that, they also need to use the land as a real owner would. Each jurisdiction and judge will have different criteria for evidence of this, but it could include anything from the tenant maintaining the property to paying utilities or even property taxes.

At first brush, it might seem like the law outright condones squatting. But the reality is that these laws exist for a different reason: to prevent waste.

As an investor, you don’t need to lie awake at night worrying about adverse possession. Here’s the real deal: legal adverse possession is ultra rare because there are stringent criteria.

While these vary by jurisdiction, in my fair state of Texas, the squatters would have to occupy the property continuously for 30 years to even be considered for adverse possession. Other states may be kinder, but not by much—it’s not exactly an easy thing to accomplish anywhere.

The kindest by far is California. Investors there may want to research this matter.

On top of that, the squatters have other legal criteria in terms of care for property and would likely need to produce witnesses (not an easy feat if the relationship would’ve had to have began 30 years ago). Again, other states may have additional laws, though none are what we’d call “easy” to satisfy.

For someone to meet adverse possession criteria, you have to be seriously dropping the ball by not checking in on your property and seeking a remedy long before legal claims are reasonable.

woman with hand extended out gesturing stop or rejection

How Not to Handle Squatters

No matter what you do, don’t break the law by trying to rid your property of squatters yourself.

Here are some things you cannot do to force the unwanted tenants out:

  • Cut the electricity or utilities. It’s illegal, no matter how badly the offending occupants behave.
  • Threaten or intimidate them. Also illegal, and a great way to get yourself sued. In my line of work, we go to pretty great lengths to avoid nonsensical litigation.
  • Round up some friends and “help yourself.” Mega illegal, likely felonious, and now we’re talkin’ jail time.

While all of these options may be extremely tempting in the face of a frustrating squatter situation, don’t give in to baser instincts and make the problem worse. Here’s how to take the high road.

How to Handle Squatters

Frankly, squatters are best handled like most other legal problems: proactively. It’s far easier to prevent your vacant property from becoming beholden to uninvited guests in the first place than to remove said “guests.”

If you can’t physically check on the vacancy, hire someone to do it. If it’s under property management, you should be able to work this out with the company.

Of course, not everyone is lucky enough to catch squatters ahead of time. If you discover such individuals on your property, there are a few things you can do.

Related: It CAN Happen to You: How to Guard Against Dangerous Real Estate Scams & Squatters

Call the Police and Retain Counsel—Stat.

You might luck out and police can help you remove someone who is simply trespassing. But if you force someone out without the law in your favor, they may be able to sue you later. When in doubt about the law, always contact an attorney familiar with your jurisdiction.

The police may tell you this is a civil matter rather than a criminal one if no other crimes are taking place. If they do, they’re likely correct and you’ll have to seek a civil legal remedy. But if this does happen, you’ll still be glad you called the cops, as now you will have sworn witnesses and a documented report of what happened.

As for your lawyer, get him or her involved if you’re not feeling lucky after the initial call to the cops. If the situation isn’t resolved immediately, you’ll want your attorney looped in ASAP. Follow their advice to the letter.

Get Hip to Your State Laws and Prepare for an Unlawful Detainer Action.

Depending on where you live, you will have a different protocol for which paperwork you need to legally get the person out. These documents could include a Notice of Ejectment for the squatters or an unlawful detainer suit.

If you serve squatters with an eviction notice, they might comply and the world can go on spinning. These are the measures you speak to a lawyer about taking if you aren’t so fortunate.

tenant-calls

Call the Cops, Again.

Or call whichever local law enforcement agency removes squatters. Your little “civil matter” becomes a law enforcement matter once you have a signed eviction notice or court order in your hand.

If you win the above civil actions, you can generally pay the local sheriff to remove the individuals from your property. Again, check state law as each jurisdiction has its own protocol and customs. And of course, never take action without an attorney’s advice and approval.

Document, Document, Document.

Keep copies of all communications with your unwanted tenants. Make copies of documents issued to them for your own records. Keep your behavior above reproach, remain professional, and avoid intimidation above all. This will come in handy if you end up in a dispute.

Offer Them a Rental Agreement.

This option may seem wild, but if there’s a situation that isn’t particularly adversarial and the occupants could be tenants (something demonstrated by say, having taken care of the property or holding jobs), you could formalize your arrangement. Then, of course, they would have the full rights of ordinary tenants, but you’d have a legal way to get rid of them if they violate your agreement.

If in your judgment these individuals would make good tenants given the opportunity, you can give them that chance but CYA with a formal lease agreement.

Bottom Line: Squatters Do Have Rights, But Not to Your Rental Properties

Squatters, burdensome as they may be, are humans and deserve some dignity and respect for that fact alone. And remember, just because you hear a horror story or two around squatters’ rights or adverse possession doesn’t make such stories the norm.

Intelligent property management and proactive landlording can save you a world of hurt.

Think of squatters like any other intrusive animal: if you catch the problem early, it’s easier to treat. Because these cases can be such headaches, I think you’ll find maintaining a proactive approach to your property management that prevents squatters (and all their associated drama) is well worth the effort.

Have you encountered squatters in your property? How did you handle it? Have you heard any crazy stories from other owners?

Share below!

 

By Scott Smith
Scott Royal Smith is an asset protection attorney and long-time real estate investor. His law firm, Royal Legal Solutions, helps thousands of real estate investors and entrepreneurs in all 50 states protect more than $1.2 billion in assets. Since 2014, he has published over 1,000 posts and articles on BiggerPockets and has appeared on hundreds of podcasts.
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20 Replies
    Scott Smith Attorney from Austin, TX
    Replied over 1 year ago
    I also noticed replies weren’t popping into my notifications in the past! I will be checking the comment sections on articles more often in the future, so if you have questions on the article/topic feel free to post them! I will try answer if someone else doesn’t beat me to it!
    Janie Carrassco
    Replied 2 months ago
    I have rented to a individual last month and come to find out there is people living in that rental and they ran him off cuz they scared him away from there and their people that I do not know they have a someone living in a tent in the front yard and I would like to know what I can do about getting rid of these people this rent home is in Texas what do I do

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    Michael Baum from Olympia, Washington
    Replied over 1 year ago
    Great article. I have to say that something along these lines is my biggest fear with the vacation rental. Someone overstaying and just not clearing out. In the BP forums, the stickied post is about this very thing. Made the national news.
    Scott Smith Attorney from Austin, TX
    Replied over 1 year ago
    This is definitely one of the unfortunate realities of being in the real estate investing business, but it does exist! Fortunately, if you keep your head about you and just take the appropriate steps this can be dealt with. One of the biggest obstacles I have seen with the individuals who own the property is reacting poorly, which can end up being used against them later on. If it happens keep a calm head and get a good team/strategy set up.

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    Dev Horn Flipper/Rehabber from Arlington, TX
    Replied over 1 year ago
    I believe the default period for adverse possession here in Texas is 10 years, not 30. https://www.superlawyers.com/texas/article/how-long-does-it-take-to-get-adverse-possession-in-texas/68b27db1-d168-4318-aa0c-e07bd01fc39b.html
    Weston Couch Attorney from Austin, Tx
    Replied over 1 year ago
    That’s correct, legal eagle eye. Thank you for helpfully bringing this typo to attention. I’m an attorney, and while I didn’t attend law school here in TX, I do work here for Scott and his team. This was a publication typo. So let me please clarify and Scott can yell at me if I’m wrong. JK, he doesn’t yell at us! The default period is ten years. But the reality is, like most legal dramas, it can play out a variety of ways depending on a few factors. I’m guessing our writing team was confined by space and could not list them all. The point is, it isn’t easy. You can’t just trip and fall into adversely possessing a property and an investor who allows it to happen is doing just that–allowing it. Arguably if someone can live continuously on a property meeting certain requirements, the investor’s asleep at the wheel because they have to do it for a period of years.

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    John Teachout Rental Property Investor from Concord, GA
    Replied over 1 year ago
    I just can’t wrap my head around a situation where I would offer a lease to someone who broke into and was unlawfully living in one of my properties. They would be disqualified on so many levels it’s almost laughable.
    Scott Smith Attorney from Austin, TX
    Replied over 1 year ago
    This is definitely a very rare occurrence, but one thing I have learned with real estate investors is that they often think outside of the box! This would never become a standard operating procedure for any business, but some investors find how to mitigate risks and sometimes can even negotiate this type of situation into a paying renter. VERY uncommon, but it can happen.

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    Nancy Baldwin
    Replied about 1 year ago
    I left my property unattended for 4 hours. Hours. My crazy nephew called locksmith, changed locks and walked in . Called police within hours. They said he has a key and says he lives there. So I have to hire lawyer, go thru eviction. Meanwhile, he vandalized property until thrown out. .
    Bruce Lynn Real Estate Broker from Coppell, TX
    Replied 2 months ago
    Fix the locks that are broken if your key doesn't work.

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    William Swigart Flipper from Tacoma, Washington
    Replied 9 months ago
    I've a similar situation today with holdover guests of the previous owner of the property. Bought a property at auction, served 20 days notice of quiet enjoyment, per Washington State law in February 2020. The following day, the owner lets a lady friend and her boyfriend be guests at his place that he no longer owns. Mid March he lets another person stay for a few days. I extend his time to move out to April 4th for him to get his stuff sorted, sold, whatever and also to receive his next SS check. Come April 4th he says his parole officer told him to stay put and the other 3 guests are all still there and he has revoked their guest stays, but they remain. I try to figure out what to do...I offer him cash for keys and have always thought (wrongly) that all these others would vacate with him. Nope. They dug in as previous owner vacated. Called the police and they said it is a civil matter that they now have residency and I'll have to go to court. These persons were never tenants, no rental agreement, no rent paid, no discussion of such either. They were aware the house had sold or was being sold. According to my read of the RCWs here in Washington, once a guest is asked to leave and they remain, they've just become a trespasser, and beyond that a squatter soon as they dig in for long-term. We have a new in 2017 squatters law, that is supposedly supposed to help property owners get squatters removed. The enforcement of the law though is via the local police or sheriff's departments. And in my case the police (Mt. Vernon) are afraid the squatters will sue the police department and they don't differentiate between guest/tenant/holdovers and bona fide tenants (tenants who had a rental agreement and paid rent to occupy a space). Yesterday, the time to respond to the Summons and Complaint expired with no response, so Monday the 27th of April, 2020 we will be able to file a Default Motion and seek a Writ of Restitution, I think. UGH

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    William Swigart Flipper from Tacoma, Washington
    Replied 9 months ago
    Hi Scott, I'm seriously wondering why you say not to turn off the utilities? Are you saying that a property owner is obligated to provide free utilities to squatter/trespassers?

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    Patsy Burris
    Replied 8 months ago
    If you have rented a house for 16 yrs , and a relative brings a friend The relative & friend refuse to leave ! Can they legally call squatters rights ? Please help we cant get evicted

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    Austin Fellows
    Replied 6 months ago
    So I have some questions about my situation “Subletting” a room that the tenants told me it was owned by a cool old lady and made no reference to a property management. It’s a house and the tensions have been high and they have been Intimidating threatened me with violence called me names just for asking if I could get the landlords information or the rental property management information. But once I asked him that they got super defensive and started yelling at me did not answer my Question and made me feel stupid and gas let me saying they answered my questions four times. I also believe I have an audio recording of them saying that I am not legally allowed to be here and that the landlord does not know that I live here. When I first moved in I signed a contract with the tenants Not knowing whether or not I was confirmed by the landlord which I still am unsure of. But they basically made me sign something that said they could give me a 60 day notice to evacuate the premises, also I’ve been reading up on this and I have found that many sub letters actually pay the landlord directly that way they are not being stolen from or left in the dark. Does anyone happen to know my rights in this situation? It would be greatly appreciated because They’re asking me to leave and 50 days I haven’t received my unemployment I’m dead broke I’m possibly going to end up on the street and they have extreme anger issues which causes me anxiety and fear of living here. Do I have the right to know or contact the landlord or property management if there even is a property management because they didn’t mention that there was one until covid And while they were not paying rent they said as a sub letter I was responsible for paying rent because I don’t have the same rights as they do when they’re on the lease even though I might not be here legally and the landlord might not know that I live here.

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    Amy Bergqvist
    Replied 5 months ago
    I have sqautters in my vacation home! They are not affected by covid 19 but pretending and now taking advantage if governor’s anti eviction law. One of the persons was never approved or on the lease. While my hands are tied, can i call police for trespassing? The guy there signed a month to mo th lease and he was told he had to be out a long time ago (been there 4 months and has not paid rent for 3) i suspect the illegal tenant is an illegal alien as well.

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    Patricia Rezac
    Replied 2 months ago
    I have a Tennant who has not paid me rent since March because "I can't evict her". Long before covid I made her aware through text that I would putting the property up for sale. When the time came for me to list the property I gave her written 90 day notice(which she ignored). In the mean time I had someone interested in buying the property tried to show it to them but she "had covid". Even though she posted on her FB page a picture of herself and friends on the beach. This was back in June. We had some words then no communocation since. I have filed for eviction. Even though there are no in.person court proceedings. It was up for a phone mediation but she never responded. Oh, and it.has come to my attention that she has changed the locks. Whay recourse do I have? And is she now considered a squatter?

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    Janie Carrassco
    Replied 2 months ago
    If i rented my properties to someone and I found out that other people were living in the home and has a tent in my front yard of the property and the original person that I rented to isn't there anymore because they scared him and ran him offand there's people that I don't know in there what can I do and this rent home is in Texas can you please help me thank you

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    Janie Carrassco
    Replied 2 months ago
    I have rented to a individual last month and come to find out there is people living in that rental and they ran him off cuz they scared him away from there and their people that I do not know they have a someone living in a tent in the front yard and I would like to know what I can do about getting rid of these people this rent home is in Texas what do I do Reply

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    Amanda Foster
    Replied about 2 months ago
    So the city police just came to kick my family and I out immediately because our friend had a verbal agreement (cop said verbal means nothing in Alabama) with us that the house was going to be condemned for hoarding and having a tree in it for 20 years if it doesn’t get fixed up. We were in the process of finding a place to live so we agreed to clean up his grandmas house that she no longer lived in in returns that we would live here rent free for awhile. Took us 3 months to clean up the hoarding mess. Legally still in his grandmas name, but she lives with them because she cannot live alone or take care of herself. She just got evicted from a place because they found out she was a hoarder and ruined the whole apartment unit. She’s mental as well and he’s trying to get her checked into for that and get power of attorney. We’ve put thousands and thousands of dollars into this house and been here for about a year now. She’s harassed us the whole time. Even if we are evicted she still will not be able to occupy this house at all. So with all this said, the police said she does not have to give us any warnings, that we have to get out immediately, but I thought that would be a civil matter, since it is not criminal we are not trespassers and have beautified then property. Wouldn’t that be a criminal matter because these were city cops? I have the police the gist of what’s going on and our friend, her grandson calmed her down a bit for now and are suppose to speak with her tonight about this but if she doesn’t agree to sign anything stating our agreement then what are our rights? He’s trying to get a temp thing from the courts over her since she’s not capable of making decisions, that way he can do business with us without her. Hopefully, wishful thinking. Sorry so long but this is just a mess! I have two kids two dogs nowhere to go, put all my money into this house. Can anyone tell me what my rights are? Am I considered a squatter not a trespasser? Thanks in advance

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    Tom Ferris
    Replied 5 days ago
    For Amanda , you got your Family into a Mess by Dealing with your Friend and Not the real Owner Of said Property . Being a Bld. Manager ; I look at you and I see a lg. Mistake . You stated you had “Rent Free” living for doing the work in the house . The Money you spent to improve the house you spent on your own , no one told you to do it so , in my view , it’s your loss as you and Family enjoyed it ! Why should you feel you should have any rights to enjoy someone elses home , you didn’t slave for yrs. saving money to buy it , you said you have no place to go ; Why Not , Bad Credit , No Credit ? Been thrown out of past places you lived in ? Once you work to save and buy a home and go without a LOT of things to save the money ; you might understand what it means when the Owner hates Squatters ! I do ! I have a Mother , her New Boyfriend and her Two Children who are Squatting in our Bld. They PARTY ALL night long and Sleep all day . They Brace our Security Doors Open so their Pot Headed Friends can come and go along with a group of Homeless j. I’ve lost Two really Great Tenants because they did not feel Safe living here because of Squatters and Squatters Friends ! No , I do NOT Feel you should have ANY right to stay and Steal from someone who worked to get what you are enjoying . Get your own house and you will know some Pride and understand why I think the way I do . Move , you have No right to steal from your Friends relative !

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