How To Deal With Squatters

A vacant home can become an easy target for people looking for a place to stay. Whether a property sits empty between tenants, awaits repairs, or is listed for sale, unauthorized occupants can damage the property and delay your plans. Squatters can also create premises liability concerns.

Owners could also face legal claims if a squatter harms a neighbor, visitor, or other third party and that harm was foreseeable. Understanding your legal options early can help keep your options open and protect your interests. For legal help with squatters, eviction procedures, or property disputes, consult a real estate attorney who can explain the laws that apply in your state.

What Is a Squatter?

A squatter is someone who occupies a property without the property owner’s permission.

How Squatters Differ from Other Occupants

Squatters differ from trespassers, who make unauthorized entry but don’t try to live there.

A squatter also differs from a holdover tenant, who originally had the property owner’s permission. They were a tenant under a lease; however, the lease ended, and the tenant refused to vacate.

A squatter is also not a former owner who remains in a property after a lender forecloses on it. A squatter is also not a guest who refuses to leave.

Why a Squatter’s Legal Status Matters

Properly identifying a squatter’s status is crucial because it changes their legal rights and the property owner’s options. Different laws and procedures apply for removing an unwanted individual depending on their status.

Can a Squatter Gain Legal Rights?

In some situations, an unauthorized occupant may have legal protections, squatters’ rights, that require a formal court process to remove them, such as an eviction or unlawful detainer case, even if the person never had permission to live there or a written lease.

Adverse Possession

While less common, a squatter can eventually gain legal ownership of the property. Adverse possession laws apply when someone openly lives on another’s property for a specified amount of time. They can eventually claim legal title.

States have specific requirements that must be met to make an adverse possession claim. Many squatters do not meet all of the requirements. The first is living openly on the property for a certain time period.

The required time period varies widely by state, ranging from a few years in some situations to a few decades in others. The person can’t hide or sneak in and out of the property. They must openly live on the property as if they were the rightful owner.

Additional requirements vary by state, but they often focus on whether the possession was:

• Actual
• Open and notorious
• Exclusive
• Hostile
• Continuous for the entire required time

Some states also require things like paying property taxes or claiming under color of title. If the owner takes steps that interrupt the required continuous, hostile possession, such as successfully removing the occupant, that can defeat an adverse possession claim. Adverse possession claims rarely succeed because most squatters do not meet every legal requirement.

Can You Remove a Squatter Yourself?

If someone is living on your property without permission, you generally cannot remove them by changing the locks or forcing them out yourself. Removing a squatter yourself can create legal liability and make problems worse. Do not take self-help eviction action against squatters.

In many situations, property owners must follow state eviction procedures, even when the occupant has no right to remain there. Taking shortcuts can expose you to legal claims.

Property owners should avoid the following:

• Changing locks
• Shutting off utilities
• Removing the squatter’s personal belongings
• Harassing the occupants
• Using physical force

Additionally, calling local law enforcement to remove the squatters isn’t an option in most jurisdictions. Removing squatters is a civil matter, not a criminal one, though some states are changing that.

Removing a squatter is different from removing a trespasser. For example, a police officer can remove and arrest a trespasser who refuses to leave the property. The officer will listen to all parties and evaluate the situation before taking any action.

Calling a squatter a trespasser isn’t enough to remove them. In some cases, self-help actions can also lead to personal injury claims against you.

Squatters Removal Laws

In recent years, many states have recognized that the traditional eviction process harms property owners too much. Traditional dispossessory processes had too many loopholes that allowed squatters to benefit unfairly, or they did not adequately address removing squatters.

To address this, some states have passed specific laws targeting squatters. Alabama, Florida, Georgia, Nevada, Tennessee, Washington, and West Virginia have all passed laws criminalizing squatting.

Here are a few examples from states that have recently enacted laws to address squatters.

• Illinois. An Illinois law recently took effect, making it easier to remove squatters who illegally occupy a residence.
• Georgia. The Georgia Squatter Reform Act seeks to address growing squatter activity by giving property owners a more efficient dispossessory alternative to eviction.
• New York. New York state recently updated its landlord-tenant laws to explicitly state that “a tenant shall not include a squatter.” This definition lets owners bypass the long housing court process that previously required a 30-day notice period.

Many other states currently have proposed laws.

How Expedited Removal Works

Squatter laws can speed up the removal process and make it safer for everyone involved. The process typically works as follows:

• Property owners submit removal requests directly to law enforcement.
• The law enforcement officers evaluate the request.
• If the required conditions are met, a police officer will assist with removal.

By creating a faster path to law enforcement assistance, these laws can help property owners regain possession more efficiently. This process can also reduce the risks that often come with prolonged unauthorized occupancy.

How To Remove a Squatter Legally

Depending on state law and the occupant’s status, a property owner may need to file an eviction or unlawful-detainer case or use a statutory expedited-removal process.

1. Speak with an attorney. Consulting an attorney familiar with landlord-tenant law can help. The attorney will begin by determining the squatter’s legal status. Then, they will recommend the proper removal procedure.
2. Notice to vacate. To evict a squatter, you must send a notice to vacate. States have different requirements for how the property owner must deliver this notice and how much time the squatter must be given to leave. If the squatter hasn’t left, the typical next step is to file an eviction case in the jurisdiction where the property is located. The squatter will then receive an eviction notice.
3. Court hearing. The squatter and property owner must attend a court hearing. There, each party will present their evidence. If either party doesn’t attend, the court may issue a default judgment in favor of the attending party. If both parties attend, the court will rule based on the evidence presented.
4. Writ of possession. If the court rules for the property owner, it issues a writ of possession.
5. Physical removal. The property owner needs this judgment to take the next step in eviction. In most jurisdictions, this means contacting the local law enforcement to assist with physical removal.

This process can take weeks or months, depending on the jurisdiction.

Can a Squatter Sue You for Injuries?

It is possible that a squatter could sue you for injuries, but owners generally owe squatters and trespassers a more limited duty of care than they owe guests or tenants.

Even so, a squatter injured on the property may still bring a personal injury claim in some situations, particularly if the owner knew about the occupant and a dangerous condition.

Duty of Care and When an Injury Claim May Arise

Premises liability law classifies visitors in different ways. The general rule is that owners must not intentionally or recklessly harm trespassers, such as by setting traps or using excessive force. An injury claim may arise against you if a squatter is injured:

• Known or discovered trespassers. Once an owner knows someone is living on the property, some states require the owner to warn of or address known dangerous conditions.
• Hidden hazards. Concealed dangers the owner knew about include exposed wiring, structural damage, or unsafe stairs.
• Children on the property. The attractive nuisance doctrine may apply to features like pools or abandoned equipment.
• States with a general reasonable care standard. A few jurisdictions may apply one broader standard to all entrants.

The Role of Property Owner Knowledge

Owners should address known hazards when it is safe and lawful to do so. Knowledge can include prior complaints, camera footage, or a pending eviction case. Documenting an occupant’s presence can affect the duty owed. Ignoring a known hazard can increase exposure.

Self-Help Risks

Utility shutoffs, lockouts, or physical confrontations that lead to injury can create separate claims. Avoid confrontation, but document conditions.

State-Specific Limits

Some states have statutes that restrict trespasser injury claims, such as when the trespasser was committing a crime or was intoxicated.

Can You Be Held Liable If a Squatter Harms a Third Party?

In some cases, the property owner can be held liable if a squatter harms a third party, particularly when the harm was foreseeable and the owner failed to take reasonable steps.

Squatters can injure others in various situations:

• Fires that spread to neighboring homes
• Assaults on neighbors, visitors, or contractors
• Dog bites or dangerous animals kept by occupants
• Injuries to agents, inspectors, or prospective buyers during showings

Owners must address any known issues once they learn about them. Courts will apply the elements of negligence — duty, breach, causation, damages — to determine liability for harm caused by someone else on the owner’s property. The general rule is that owners are not responsible for others’ criminal acts, but exceptions exist.

How Foreseeability Factors Into Liability

If harm to others is foreseeable, a property owner may bear greater liability for others’ acts, including squatters’.

For instance, if neighbors have complained, police reports exist, criminal activity is known at the property, break-ins are repeated, or the owner fails to secure the property, the property owner may be held to some degree of liability. This is especially true if the owner knew about the behavior for a prolonged period but did nothing to resolve it.

Other Areas of Potential Liability

When squatters occupy a property and create unsafe conditions, it can also lead to public nuisance claims, code violations, and municipal fines. If the property is in a community with a homeowners association, it can also trigger HOA penalties.

These issues can also expose property owners when their standard homeowners policy includes vacancy exclusions. Review your policy with your insurance agent to ensure it provides adequate coverage for periods when the property is vacant. Your agent can explain what additional coverage you may need to protect you during an extended vacancy.

How Squatters Can Complicate a Property Sale

Discovering squatters in a property for sale can significantly delay the sale process for several reasons. Selling a house with squatters can create several problems.

• Buyers may back out. After learning about the squatters, buyers may refuse to close. People generally don’t want to buy a property with legal issues they cannot use. This is especially troublesome if you have a cash buyer. Receiving a cash offer usually means a quick sale. Losing that cash buyer can be a significant financial blow for a seller who needs the sale proceeds.
• Property damage can increase costs. Squatters commonly cause property damage. The current owner may face rising repair costs or a reduced property value.
• Showings and inspections may become more difficult. Even when moving forward with squatters present, they can still make showings and inspections difficult. They may become aggressive or hostile when others try to enter the property, creating an awkward and unsafe situation.
• Lenders may hesitate to finance the purchase. Many lenders may hesitate to approve a loan for a property that has squatters. Lenders may worry about recouping their money if squatters damage the property. They may also worry the buyer will walk away if the removal process becomes too costly or time-consuming.
• Eviction may delay closing. If the owner decides to remove the squatters before selling, the sale process is delayed until the eviction is complete, and the home’s market value may drop. An eviction procedure can take months as the case moves through the court system.

What To Do If Your Property Has Squatters During the Sale Process

If you own a property with squatters, tell your real estate agent immediately. Don’t promise potential buyers a vacant property; resolve all issues first. It may be smart to wait to list the property until you resolve the squatter issue. That way, the house is ready for sale and unencumbered when it hits the market.

Gather all documentation that proves ownership. Document the unauthorized occupancy. However, avoid confronting the squatters directly. Do not make threats or harass them. Begin eviction proceedings as early as possible.

How To Protect Vacant Property from Squatters

Being proactive is the best way to protect a property from squatters. Visit the property regularly or hire a property management company to monitor it. Secure the doors and windows with locks to make it harder for someone to enter.

Install a security or alarm system to alert you to unauthorized entry, and address any known issues immediately. Cameras also help create a documented record of unauthorized entry.

Maintain the landscaping and other maintenance needs. Neglected and distressed properties are more likely to attract squatters. These properties look easier to occupy because no one is actively monitoring them. Remove any signs that the property is vacant. Prevention lowers both injury and third-party liability risk.

Speak with a Real Estate Attorney

Unauthorized occupants can create a range of legal and financial problems, from property damage to delays in selling a property. Squatters can also lead to disputes over removal and potential liability issues. An attorney can help you understand your options, protect your legal rights, and address the legal risks associated with squatters under your state’s laws.