Updated 05/26/25
If you own rental property or even just a vacant home, you may have already asked yourself, “What is a squatter?” At first glance, a squatter might seem like just another trespasser. But the truth is, under certain legal conditions, squatters can gain rights to your property if you don’t act fast enough. In some states, they might even be able to legally own it.
This article breaks down exactly what a squatter is, how squatting happens, the legal rights squatters may claim, and what you can do as a landlord to protect your property. Whether you’re dealing with an abandoned unit or managing multiple homes, understanding squatter behavior and the law can save you thousands of dollars and countless headaches.
Too Long Didn’t Read (TL;DR):
A squatter is someone who occupies property without the owner’s permission. In many cases, squatters aim to claim legal ownership through a process called adverse possession. Landlords need to understand squatter’s rights, the difference between trespassing and squatting, and take steps to secure vacant properties. With early action and proper legal processes, squatters can be removed effectively and lawfully.
Table of Contents
- What Are Squatters and Why Do They Occupy Properties?
- Squatter’s Rights vs. Trespassing: What’s the Difference?
- Understanding Adverse Possession Laws in the U.S.
- How Squatters Gain Legal Ownership of Property
- Five Legal Requirements for Adverse Possession
- Common Defenses Against Adverse Possession Claims
- Legal Eviction Process for Removing Squatters
- Alternative (Non-Legal) Strategies to Remove Squatters
- How to Secure Vacant Property from Squatting
- Best Practices for Maintaining Vacant Rentals
- Frequently Asked Questions About Squatters Rights
What Are Squatters and Why Do They Occupy Properties?
Squatters are individuals who settle into a home or property without the legal owner’s permission. This is often done quietly and without a formal lease agreement. Some squatters move in out of desperation, seeking shelter when there are no other housing options. Others take advantage of abandoned or unmonitored properties, hoping to stay under the radar.
The reasons squatters occupy property vary. In some cases, it stems from poverty or homelessness. In others, it can be part of a coordinated effort to protest housing laws or gentrification. While some squatters act out of necessity, others are opportunistic, looking for a way to claim ownership through adverse possession or exploit legal loopholes. Understanding what motivates squatters can help landlords respond with appropriate measures.
Squatter’s Rights vs. Trespassing: What’s the Difference?
One of the most confusing issues for landlords is understanding how squatting differs from trespassing. At first, both may look the same—someone is on your property without permission. However, trespassing is a criminal offense that usually involves short-term or temporary entry. Squatting, on the other hand, often involves someone occupying the property over a longer period and attempting to treat it as their own.
While a trespasser may be arrested or fined quickly, a squatter may be protected by civil laws if certain conditions are met. This is where squatter’s rights come in. Some states allow a squatter to make a legal claim to the property through a process called adverse possession, turning a civil matter into a legal ownership dispute.
Understanding Adverse Possession Laws in the U.S.
Adverse possession is the legal doctrine that allows someone who occupies land they don’t own to eventually become its legal owner. This can sound alarming to landlords, but adverse possession is only granted when very specific criteria are met. The idea behind the law is that land should be used and maintained, not left to decay.
Adverse possession laws vary by state. In California, for example, a squatter must occupy the property for at least five continuous years, pay property taxes, and demonstrate open and hostile possession. In other states, the time period can stretch up to 20 years. Knowing your state’s rules is essential if you want to protect your rights.
How Squatters Gain Legal Ownership of Property
So how does someone actually take ownership of your property without paying for it? Through adverse possession, a squatter must meet all required elements: occupying the property consistently, without hiding it, and without permission. Courts may look at actions such as maintaining the lawn, making repairs, or paying utilities as signs of legitimate possession.
This process doesn’t happen overnight. However, landlords who are unaware or negligent might discover years later that a squatter has met the legal benchmarks to file a claim. Once filed, the court may recognize the squatter’s claim, especially if the owner failed to contest the occupation early on.
Five Legal Requirements for Adverse Possession
For a squatter to successfully claim adverse possession, five main conditions usually must be met. First, their possession must be actual, meaning they live on and use the property. Second, it must be open and notorious—they aren’t hiding their presence. Third, the possession must be hostile, meaning they are on the land without the owner’s permission.
Fourth, it must be continuous. The squatter needs to live on the property for an uninterrupted period, as defined by state law. Lastly, their possession must be exclusive. That means no one else, including the rightful owner, is using the property. If even one of these conditions isn’t met, the squatter’s claim can fail.
Common Defenses Against Adverse Possession Claims
Landlords who discover a squatter has filed for adverse possession can take steps to defend their ownership. The most common defense is proving that the squatter did not meet one or more of the required conditions. For instance, if the squatter left for extended periods or had the owner’s permission to stay, their claim may not hold.
Other defenses include showing that the squatter didn’t pay property taxes, never made improvements, or failed to act as a true owner. Courts often look at the totality of evidence, so landlords should keep thorough records, post “No Trespassing” signs, and document all attempts to remove the squatter.
Legal Eviction Process for Removing Squatters
The most effective way to remove a squatter is to follow the legal eviction process. This begins with serving the squatter a formal notice to quit or vacate. If they fail to leave, you must file an unlawful detainer lawsuit. This process can take several weeks, depending on your state’s court backlog and the squatter’s response.
You must never attempt a self-help eviction by changing locks or removing belongings yourself. Doing so can result in legal penalties against you. It’s always best to work with a landlord-tenant attorney who understands squatter eviction laws in your area and can help you navigate court filings, serve notices, and regain control of your property.
Alternative (Non-Legal) Strategies to Remove Squatters
In some situations, landlords may consider non-legal strategies as a first step. Talking to the squatter respectfully and offering them a small relocation incentive may be faster and cheaper than going through the courts. While not guaranteed to work, this can reduce tension and lead to a peaceful resolution.
However, these informal methods carry risks. If a squatter refuses to leave or believes they have rights, your efforts may backfire. That’s why it’s essential to document all conversations and follow up with a legal notice if necessary. You can’t afford to let someone stay just because you don’t want conflict.
How to Secure Vacant Property from Squatting
Prevention is far more effective than eviction. To protect your property, start with physical security: lock all doors and windows, install outdoor lighting, and use surveillance cameras. If the property will be vacant for a long period, consider hiring a property manager or security service to perform regular check-ins.
You should also notify local law enforcement that the property is unoccupied. Having a visible presence and alert neighbors can discourage squatters. Finally, be sure to maintain the exterior so the home doesn’t look abandoned. A tidy yard and working lights go a long way in deterring unwanted visitors.
Best Practices for Maintaining Vacant Rentals
Keeping your rental in good condition when it’s unoccupied is critical. Conduct regular inspections, especially after a tenant moves out. Check for signs of forced entry or illegal occupation. Keep utilities running to support HVAC systems and discourage vandalism.
You should also stay on top of property taxes and insurance coverage. If a squatter sees neglected bills or an overgrown lawn, they may believe no one cares for the home. Establishing a regular maintenance schedule and clear property management procedures reduces your risk of dealing with squatters.
Frequently Asked Questions About Squatters Rights
What is a squatter?
A squatter is someone who occupies a property without the owner’s permission and may attempt to gain legal ownership through adverse possession.
How long does a squatter have to stay to gain rights?
It depends on the state. In California, the minimum period is five years, along with other requirements.
Is squatting the same as trespassing?
Not exactly. Trespassing is a criminal act, while squatting can lead to civil claims and sometimes legal ownership if the squatter meets specific conditions.
Can I remove a squatter myself?
No. Self-help evictions are illegal in most states. You must follow your state’s formal eviction process.
How can I prevent squatters?
Keep the property secured, perform regular checks, maintain the appearance of the home, and work with professionals when needed.
Understanding what a squatter is and how squatter’s rights work is essential for every landlord. With proactive strategies and a firm understanding of the law, you can protect your property and minimize the risks squatters pose.
