Squatter – Definition, Legal Rights, Example & How to Evict

What Is a Squatter?

A squatter is an individual who occupies a piece of real estate, despite having no legal claim to the property. Squatters live on a property in which they have no legal title, rights, or lease agreement. However, this individual may gain legal rights to the property by adverse possession, which is the legal transfer of ownership to a squatter due to continuous land occupation.

Squatting Example

There’s no shortage of squatting examples, but here are the basics of one of the most common scenarios.

You purchased an investment property in 2020 and rented it to a tenant for two years. At the beginning of 2022, you stopped renting the property, which remained empty for several months. Then, you decided to put it on the market.

Unfortunately, when preparing the home for listing, you found a squatter living there for several months.

You call the police, they remove the squatter, and you change the locks. However, since the person lived there for over a year, they had squatter’s rights. This resulted in an illegal eviction, a date in housing court, and a judgment allowing the squatter to return to the property.

Don’t forget that squatter’s rights vary by location. Understanding the laws where you own property can help prevent this situation.

Is Squatting a Crime?

In many countries, squatting is a crime, but in others, it is only a civil conflict between the property owner and the occupants. Property law and states have a long history of favoring legal property owners.

However, in cases where squatters have de facto ownership, laws have been changed to legitimize their status. Adverse possession, also known as squatter’s rights, allows squatters to acquire the property if they meet certain requirements, including living on the property long term for a certain time. Knowing the laws regarding adverse possession can help you prevent a squatter from legally claiming the property.

Legal Rights of Squatters

Each state has laws regarding squatter rights and adverse possession. For instance, California requires continuous possession for five years for a squatter to acquire privately-owned property. State laws concerning squatters and adverse possession can be superseded in some cases by local laws.

For example, New York state grants adverse possession rights to squatters if they occupy the property for 10 years and hold it as if they are the real owner.

In contrast, New York City’s laws radically differ from New York State. If a squatter occupies a property for consecutively 30 days, they gain rights to remain on the property as the owner’s tenant—even if they never signed a lease agreement.

State laws and city laws don’t always align. Be sure that you understand your legal rights based on the locations of your properties.

Why Do Squatters Have Rights Over the Property Owner?

To a landlord, there’s no reasonable answer to this question. Even so, it’s essential to know why squatters have rights. That can help you better wrap your head around property ownership.

Laws are designed to prevent derelict properties and encourage efficient land use. If an individual finds an abandoned property and inhabits it responsibly, devoting time and resources, they could acquire legal rights over time.

In many ways, the law acknowledges that squatters can bring life back to an otherwise neglected property. By doing so, they make a positive contribution to their community. It’s not about promoting trespassing but rather about rewarding the productive use of space and discouraging waste.

As backward as that sounds, it’s why squatters have rights in many jurisdictions.

Squatter vs. Trespasser

The key difference between a squatter and a trespasser is that the squatter occupies the home on a large scale. A trespasser may break into a home and sleep there, but that doesn’t mean they’re “living” there. A squatter has taken occupancy of a property and given the appearance that they are actively living there, thus establishing a track record of residing on the premises.

Trespassers can become squatters, but not all squatters are trespassers. Say a trespasser breaks in and stays in an empty property (or on vacant land) that lacks a current tenant. If the individual is, in fact, trespassing, the local police department can apprehend them. However, some police officers will refuse to get involved because that’s right on the line between trespassing and squatting.

Squatters require a legal eviction. Evictions can take up to a year; thus, it may be advisable for property owners to offer some form of cash payment to the squatter in exchange for vacating the property.

How Long Does It Take for Them To Get Squatter Rights?

Before we go any further, remember this: the time it takes to get squatter rights depends on the state and jurisdiction.

For example, a squatter must have occupied the property for at least 21 years in Pennsylvania. In California, the time frame is much shorter, at five years.

Understanding squatter rights laws in the state(s) that you own real estate is important. You want to know how to establish yourself as the rightful owner of your property.

How To Get Rid Of and Evict Squatters

Investing in real estate can sometimes be frustrating. Now that you know more about squatters and the headache they can cause for rental or investment properties, it’s time to learn how to remove squatters. The process of evicting a squatter goes like this:

1. Call local law enforcement: If you find a squatter or unwanted guests on your property, call the police immediately. The police will determine if the person is a trespasser or a squatter. If they are a trespasser, the police will consider it a criminal issue and remove them. You must move on to court if they are determined to be a squatter.
2. Serve eviction notice: Be sure to follow any local requirements about the information to include in the eviction notice. Use payment receipts for property taxes, mortgage statements, and the title of your home to prove you own the property.
3. File a civil lawsuit: Check your state and local laws for details on which court you must file with. You will have to attend an eviction court hearing.
4. Have the squatter removed: Once you win the case, you may still need to have the squatter removed. Once you have a final court decision, you can present this to local police to have the squatter legally removed from your unoccupied property.
5. Handle leftover belongings: When dealing with squatters, you may face property left behind. While it may be tempting to dump or sell the items immediately, you may not be legally allowed. Follow local and state laws and never use force or threats against the squatters.

Once complete, you can turn your rental property into its intended use—a money-making investment.

Can you physically remove a squatter from your rental property?

Removing a squatter from your property is possible, but the process must be done legally and is often complex. If you find a squatter in your property, don’t attempt to physically remove them yourself, as this could lead to legal complications or even violence. Instead, contact law enforcement or hire a professional eviction service.

If the squatter refuses to leave, you may need to take legal action, from serving an eviction notice and possibly escalating to filing a lawsuit to remove the squatter.

In some jurisdictions, if a squatter has been in residence for a significant period, they may have gained legal rights to the property, complicating the eviction process.

Using physical force to remove a squatter puts you in harm’s way. It’s best to avoid this at all costs.

How long does it take to evict a squatter?

The time to evict a squatter varies greatly depending on jurisdiction and the specific circumstances. It can take anywhere from a few weeks to several months. This process can extend even longer if the squatter contests the eviction or if they’ve established squatter’s rights.

Can a Squatter Live In an Owner-occupied Property?

Technically, it’s possible for a squatter to attempt to live in an owner-occupied property. Still, it’s far more challenging and less likely to result in the squatter acquiring actual possession or any legal rights to the property.

In the majority of cases, squatting occurs in abandoned or vacant properties. If the property is owner-occupied, you’re more likely to notice the squatter’s presence and be able to contact the authorities about arresting the person for trespassing.

Address these questions should you find a squatter attempting to live on your property:

• What is the process for evicting squatters in your jurisdiction?
• How do you provide the person with a formal eviction notice?
• How can you prove that you’re the legal owner?
• Do you pay property taxes?
• Are you familiar with the laws surrounding adverse possession? Do you know what an adverse possession claim is?
• How does a squatter gain adverse possession in your jurisdiction?

How Can I Prevent Squatters?

Protecting your property from potential squatters involves proactive strategies.

• Regular inspections: Frequent and visible presence can deter squatters. Inspecting your property allows you to spot signs of unauthorized occupation and take swift action.
• Secure your property: Make your property less attractive to squatters by securing all entry points. Invest in sturdy doors and windows, quality locks, and security cameras.
• Property maintenance: An unkempt property appears vacant, attracting squatters. Regular maintenance, mowing the lawn, and clearing the mail can create the impression of an occupied property, discouraging squatters from moving in. Simply put, don’t give the appearance of a vacant property—even if that’s the case.

And remember, it’s always a good idea to seek legal advice when applicable.

More Resources For Property Owners

You can learn more about what is a squatter, squatter’s rights, adverse possession, and more in these informative articles:

What Landlords Need to Know About Squatter’s Rights

How Squatters Rights Affect Landlords

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