How Squatters Rights Affect Landlords

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How Squatters Rights Affect Landlords

https://www.biggerpockets.com/blog/how-squatters-rights-affect-landlords

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Member since 2026 · 14k+ posts · 4 votes

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Adriana Petrongolo
Member since 2021 · 1 post · 0 votes
4y
Is it possible for a buyer to purchase a property where the squatter has rights unbeknownst to the buyer? Has anyone had experience in this?
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- Curt Smith
  Rental Property Investor · Clarkston, GA · Member since 2012 · 2k+ posts · 1k+ votes
  4y
  Yes, all the time buying foreclosures at the court house steps and of course other scenarios. You should drive by the property the day of closing. You can cancel the closing or go through with buying and follow your local laws re getting them out. The above steps are what I hear is in play in GA. What was not said was the importance of offering cash for keys (leaving). Don';t stop at $500, depending on your area it may be worth $1k's paying to squatters that you spend a portion on the moving truck if you need one, then fully secure the property when they are gone. Paying folks to leave is a very smart strategy, that takes a big gulp to calmly offer small sums and increase over time. I'd offer $200 when you call the police and you all are standing there with the police looking on. Up to $500 as the last offer. The police might be more willing to run them out watching y9ou offering to pay and they refusing. Best to all.
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- Jennifer C.
  Member since 2021 · 25 posts · 10 votes
  4y
  It’s ridiculous that non-owners should have any right to property that is not legally theirs. I think what you are saying would work, but it still blows my mind that the law still even reads this way in the first place and no one has changed it.
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- Michael Casile
  Benson, NC · Member since 2019 · 133 posts · 3 votes
  4y
  It could get worse from here. In SF, they are pushin a law that if a person breaks into an empty house for the purpose of shelter, it is not a crime. And they are trying to include that if a person breaks into your house while you are there ... for the purpose of shelter ... it is not a crime. So while sane people see the absurdity in this, government doesn't always.
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- Tom OlszewskiPro Member
  Northville, MI · Member since 2014 · 44 posts · 6 votes
  4y
  California is a victim of its leadership. If you can't change the attitudes at the top there will be no change. My advice is move and leave that God forsaken place.
  I laugh when the national news says what the gas prices are. If they didn't have CARB, such high gas tax, and a political structure that cared about lining its own pockets more about its literal poor citizens, of it's own making, it could be a great place to live.
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- BiggerPockets TeamPro Member
  OP
  Member since 2026 · 14k+ posts · 4 votes
  4y
  Most of California is a great place to live. If you look at historical gas prices (especially annual averages which smooth out daily fluctuations), you can see that even now, inflation is a non-issue. https://www.laalmanac.com/e...
  
  Originally posted by Lucas.
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- Katie Rogers
  Santa Barbara, CA · Member since 2015 · 644 posts · 17 votes
  4y
  Generally speaking, assertions should be supported by a link, especially extraordinary claims like this one.
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Shawn Stone
Specialist · Tarrant County, TX · Member since 2018 · 18 posts · 12 votes
4y
Squatters absolutely do not have rights — to another person's property, that is. The law might say they do. I get that. And a landlord might find himself afoul of "the law" by removing them. But stating that they have rights to live on someone else's property just because they have lived there for a while, just because "the law" says so, is akin to saying that plantation owners had the right to own slaves for the same reason. This is a ridiculous assertion. These so-called laws need to be stricken from the books ASAP so that true rights — e.g., the right to one's property — are not infringed.
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- BiggerPockets TeamPro Member
  OP
  Member since 2026 · 14k+ posts · 4 votes
  4y
  I agree with what you're saying, but as you noted unfortunately today the law does not. So what I gather here is that if you want to enforce your rights over what the law says, you better be 1) quick and 2) sneaky.
  .
  For example, let's say you find someone living in the house that isn't supposed to be there. Job 1: get them to leave of their own accord for several hours. How do you do that? Hmmm.... bribery? Do something to catch their attention and draw them out for a few hours...maybe to a local pub for free drinks, or maybe to a place across town where you offer to give them "free stuff"? Job 2: Once they are gone, a crew of movers in unlabeled trucks with "missing" license plates changes the locks first, then quickly clears the house of anything inside in less than 30 minutes. They are under strict instructions to talk to no one. If cops show up, they are simply there because some dude named Bob hired them off Craigslist. No fuss, no foul, they leave. Shouldn't be any troubles.
  .
  So if you're quick, then by the time the squatter returns: locks are changes; their stuff is gone; the property is secure. You're waiting behind the door with a 12 gauge or whatever tool you need to "convince" them that they need to move on elsewhere.
  .
  This is all purely hypothetical. I am not a lawyer nor am I an expert in giving people advice or telling them what to do. This is an exercise in pure fantasy and should be regarded as nothing more than the ravings of a lunatic.
  
  Originally posted by Sid Whiting.
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- Derreck WellsPro Member
  Specialist · Pelham, NH · Member since 2013 · 547 posts · 269 votes
  4y
  So... the laws saying that the slave owners can't own slaves are infringing on their rights? They should still be able to own them? You can't pick and choose which laws you want to follow. You follow them all while working to change them.
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Bob Galivan
Real Estate Broker · Cleveland, OH · Member since 2019 · 33 posts · 55 votes
4y
I have had a lot of experience with squatters, unfortunately, while working with foreclosed properties in Miami, Florida. The law governing squatters can get down to the municipal level - in one municipality, the police would make the squatters leave immediately, in another it required an eviction. The police were very frustrated by the situation. As the article mentioned, making sure that windows are locked, that exterior doors have deadbolts, and that the neighbors are alert, are means to reduce the instance of squatters. Doors that open in are a problem if they are not visible from the street, because they can be easily forced. I install inside bolts on any door except the front to reduce that possibility. Install wood rods in sliding glass doors, and vertical blocks in single hung or sliding windows. Double-hung windows can be a problem because if the lock can be broken, the top section can be forced, so I sometimes screw that to the upper frame. Another way to deter is to check Craig's List for properties in the zip code. Squatters are sometimes victims as well. Many of the squatters that I encountered had a lease - they had responded to an ad, spoken to the "landlord" then turned over a cash deposit and first month's rent at the door of the property. In one case, I saw a fake lease that I recognized from another property/squatter. Adverse possession, where the squatter ends up owning the property, is usually not a problem because that requires years of occupancy. If you are purchasing a vacant property, mandating that it be conveyed vacant is one way to reduce the risk.
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BiggerPockets TeamPro Member
OP
Member since 2026 · 14k+ posts · 4 votes
4y
It's been 43 years since I've rented a house and back then, I needed to have the lease/rent agreement in hand when visiting the offices to get water, gas and electricity turned on in my name. Once I handed that over, the clerk went off to the back and returned 5 to 10 minutes later to finish the application process. I assumed they called the property owner or leasing agent to verify my document. Most cities and towns have laws that don't allow people to live in rental properties without being connected to water and electricity due to health and safety concerns. I had friends that had their paid up but had their utilities cut off for non-payment. After two weeks they got an eviction notice to be out in three days. They went to JP's office to see about contesting that in court and were told that the judge would order the same thing unless they showed up with receipts from the utility companies proving that their bills were now current.
Back in the 70's and 80's it was common for owners of low rent property to include the utilities with their furnished apartments and houses that were rented by the week. They would leave their doors unlocked during the day so prospective renters could check them out then have them locked up at dusk by one of their goons that collected the rent Friday evening. I looked at several with friends when we were starting off life after high school and found people inside taking a shower or bath while inspecting the property. They told us that they'll be gone in a few minutes if we had rented the property.

Originally posted by Bill Wilson.
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BiggerPockets TeamPro Member
OP
Member since 2026 · 14k+ posts · 4 votes
4y
In WA State they changed the law in 2017 and you can throw them right off your property and the Sheriffs office will be glad to assist. They dont want to go they go to jail.

Originally posted by J C.
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- Michael Casile
  Benson, NC · Member since 2019 · 133 posts · 3 votes
  4y
  This is surprising since WA State doesn't charge people for riot, looting, or arson as long as the environment is right.
  0 Reply
Nathan Carter
Rental Property Investor · Boise, ID · Member since 2014 · 50 posts · 36 votes
4y
In some jurisdictions opening a closed door or window is deemed to be “breaking” even if unlocked.
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- Michael Ochoa
  Sterling, VA · Member since 2018 · 1 post · 0 votes
  4y
  I was going to say this too. Just because you don’t “break” something on the way in doesn’t mean you’re trespassing on someone’s property “legally”. It’s still illegal.
  0 Reply
- Michael Casile
  Benson, NC · Member since 2019 · 133 posts · 3 votes
  4y
  Yes, I have heard that "break" can imply "breaking the plane" ... as in crossing over the threshold of the house (or in football terms, ball crossing the line to the end zone)
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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
4y
I bought a property where the original owners had been living in a property for 30 years even though the property had changed hands several times from sales or tax sales.
I had a good attorney and the people lawyered up and drug this out for 2 years.
I eventually prevailed. I bought the property cheap knowing I had a fight on my hands. I ended up with an extra 100k in equity over my purchase price so it was worth it.
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- Ahuva Druin
  Miami, FL · Member since 2013 · 2 posts · 1 vote
  4y
  What state are you in? I have a similar situation and the original owners are claiming fraud that they never sold their house to the person I bought it from. I am trying to figure out if it's worth it to persue this as I have already received my title claim check but there is so much equity I'm loosing! That was the reason I bought it in the first place! What legal arguements were used? Based on what did you win?
  0 Reply
- Tom OlszewskiPro Member
  Northville, MI · Member since 2014 · 44 posts · 6 votes
  4y
  Every jurisdiction is different. Listen to your lawyer. If you don't have one, get one.
  0 Reply
Robin Wall
Lender · Member since 2019 · 2 posts · 0 votes
4y
So what about raw land, the article should have included these protections as well. Please list ways to do this like what kinds of signs or border fencing to put up.
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Frank O.
Little Rock, AR · Member since 2013 · 19 posts · 1 vote
4y
I wish somebody would try to squat in one of my rentals, lol...
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David Krulac
Mechanicsburg, PA · Member since 2013 · 3k+ posts · 2k+ votes
4y
The Adverse Possession minimum period in Pennsylvania is 21 years. CA is the shortest period of 5 years, TX period is 25 years and LA period is 50 years. There are other rules besides the time period. The adverse possession must be hostile, continuous, visible, distinct, and exclusive. In Costa Rica the period is 6 months!
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Timothy BorgPro Member
Member since 2018 · 85 posts · 24 votes
4y
I did not see the answer to "can I turn off the utilities"? Did I miss it?
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- Michael Casile
  Benson, NC · Member since 2019 · 133 posts · 3 votes
  4y
  I wish I could answer this, but I am not certain. On the other hand ... if you are paying the utilities ... forcing you to pay utilities for someone squatting on your property seems worse than forcing landlords to fix problems on a property where the tenant is using Covid 19 protection to not pay rent.
  0 Reply
Peter Walther
Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
4y
I believe the terms squatter and trespasser are synonymous, one who has made unauthorized entry onto land, which of includes improvements located on the land. One can be a trespasser/squatter for entering onto vacant land. The method of entry has no bearing. Colloquially, I believe a squatter intends on setting up residence while a trespasser does not. Since that basic definition was wrong in the article I'd hesitate to rely on the rest of the information.
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- Tom OlszewskiPro Member
  Northville, MI · Member since 2014 · 44 posts · 6 votes
  4y
  So totally this. I came to the comments to see if anyone said this. This what happens when you do not use legal definitions and think you know the difference.
  A trespasser DOES NOT have to be in the house. Braking and entry is its own crime. Despite popular belief "breaking" does not mean physical damage but breaking the seal of the house. Open an unlocked door, you are breaking in to the house. Whether you enter is a separate.
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Reginald P Keown
Member since 2021 · 3 posts · 0 votes
4y
In S.C. you got to have a lease to evict someone from your property. How are you going to evict someone when you don"t have a lease on them?
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Susan Cowan
Member since 2021 · 8 posts · 0 votes
4y
In a compassionate move, my brother-in-law who often has to deal with people behind on rent, offers them $500 cash to be out of the property and the property cleaned out within one week. It has worked every time and is much cheaper for him than filing the suit to evict (and he's a lawyer).
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- Lisa Jeffries
  Member since 2021 · 1 post · 0 votes
  4y
  "Cash for keys"! Love that one, but yes, it does burn me up.
  0 Reply
Douglas W.
Rental Property Investor · Las Vegas, NV · Member since 2016 · 18 posts · 4 votes
4y
Some good ideas in this, thanks! In particular, I like the post by SusanC169. I had an additional thought to her post. And, after checking with the local/state laws of course have the squatter or illegal tenant sign a form acknowledging their receipt of the money and agreement to leave including whatever time you plan to give them to remove their personal items, along with their thumb print and copy of photo ID just in case they ever come back or something nasty suddenly happens to your building etc. At least the local authorities will have a place to start when investigating the issue. Just make sure there are no legal ramifications that can work against you beforehand.
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Ryan GarrisonPro Member
Rental Property Investor · Olympia, WA · Member since 2017 · 236 posts · 83 votes
4y
It would be a shame if the doors and windows were removed from the home.
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Ryan GarrisonPro Member
Rental Property Investor · Olympia, WA · Member since 2017 · 236 posts · 83 votes
4y
I have a 30 year resident that recently became a squatter when the home was sold to me. The original owner got dimentia, and the family sold it with POA while the long time girlfriend was still living there. Dealing with the legalities of getting her out now.
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Davido Davido
Rental Property Investor · Olympia, WA · Member since 2012 · 544 posts · 311 votes
4y
Thank you for the informative article Remen Okoruwa. You have written multiple fun articles. https://www.biggerpockets.c...
I work with abandoned properties regularly. By your definition, I am a serial squatter. "A squatter is someone who has entered a property that they have no legal right to—but have taken up residence at the property anyway." You may find my biggerpockets blog on the subject of Adversely Possessing Abandoned Property of interest. https://www.biggerpockets.c...
Despite the fact that I repeatedly assume control of properties that I do not own, I have yet to be accused of trespass. The comments below from @Tom_O and @pwalt35907 point out the importance of clearly defining terms when dealing with trespass, squatting, and adverse possession.
In most states, establishing that a property has been abandoned by it's owner, is a complete defense to to a charge of trespass. I work in WA. Here is our law, "Criminal trespass—Defenses. In any prosecution under RCW 9A.52.070 (Trespass in a Building) and 9A.52.080 (Other Trespass), it is a defense that:(1) A building involved in an offense under RCW 9A.52.070 was abandoned; ..." https://app.leg.wa.gov/RCW/...
The legal principles surrounding Adverse Possession are so infrequently used that even legal professionals often confuse the terms and the law. Here is an example. https://www.biggerpockets.c....
A helpful perspective on Adverse Possession is that it is essentially a Statute of Limitations. It is a statute the limits the lenght of time a person can wait before claiming their lawfuil right to a property. The purpose of statutes of limittions is to protect everyone from stale claims. They establish time limits under which legal claims can be brought so that people don't need to fear being sued over something that occured decades ago. The legal principles go back hundreds of year to the founding of this country and beyond to the common law of England.
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Katie Rogers
Santa Barbara, CA · Member since 2015 · 644 posts · 17 votes
4y
And if they call your bluff, and you shoot one of them, you are the one who will be in jail.
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Katie Rogers
Santa Barbara, CA · Member since 2015 · 644 posts · 17 votes
4y
At least in California, squatters will not be able to prevail in a claim to a seemingly abandoned property after five years of continuous presence unless they prove their residence by maintaining the property, paying property taxes, coming and going openly through the front door, and paying the utility bills. https://ipropertymanagement... If the true owner intervenes at any time during the five years or during the claim process, the owner will most likely prevail. Otherwise, the squatter will become the new true owner.
I would not rely on this article. Check your own state laws for definitions of squatting, trespassing, breaking and entering, etc.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
The only thing that could make me decide to stop investing in real estate? Government regulation. COVID exacerbated the problem, but we were already headed downhill. Criminals are treated as innocent while Landlords are treated as guilty. The Landlord loses money to the Tenant and then has to spend even more money proving their innocence, with very little chance of ever collecting was was lost.
The DIY Landlord Book4.7247 Reviews
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Jaskaran Singh
Member since 2024 · 5 posts · 1 vote
2y
https://www.dailymail.co.uk...
Here is my story
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