Share
Tweet
Share
0 Shares
two landlords working together at a table

Discovering an unauthorized occupant in your rental property is a stressful experience that requires a calm, legally sound response. Many landlords are surprised to find that “squatting” often falls under civil law rather than criminal trespassing, meaning you must follow formal eviction procedures to regain control of your property and avoid legal setbacks.

To help you navigate this complex situation, Avail consulted with Ryan Bradley, a partner at Koester & Bradley, to break down how squatters rights work, the difference between a guest and a squatter, and the essential steps you must take to protect your rental property.

Table of Contents

What Are Squatter Rights?

Squatters rights are a set of legal protections that prevent property owners from removing unauthorized occupants without following a formal judicial process. Although these individuals do not have a valid lease agreement or the owner’s permission to be on the premises, they cannot be summarily removed — or “self-help” evicted — by changing locks or shutting off utilities.

Instead, the law requires landlords to serve a formal eviction notice and seek a court order, treating the situation similarly to a standard tenant-landlord dispute.

These rights are rooted in the concept of adverse possession, a legal doctrine where an occupant may eventually claim ownership of a property. To gain a title this way, a squatter must typically inhabit the property for a continuous period, ranging from seven to 20 years, depending on state law, while meeting specific criteria:

  • The occupant lives there without permission and treats the property as their own
  • The occupation is not hidden; it is obvious to the owner and the public
  • The squatter is the sole occupant for the entire statutory timeframe

Because the legal system prioritizes orderly dispute resolution over immediate removal, landlords must be careful. “There’s no good reason for a landlord to have contact with the person who’s there,” notes Ryan Bradley, partner at Koester & Bradley. “It ends badly. That’s precisely why the statute is trying to avoid any type of altercation.”

In many cases, if the squatter has also consistently paid property taxes or HOA fees during their stay, their legal footing for a title claim becomes significantly stronger.

Why Do Squatters Have Rights?

Historically, squatter laws in the U.S. were based on the idea that land should be used productively. Over time, these rules evolved into due process protections designed to prevent property owners from taking the law into their own hands without a court’s oversight.

For decades, this meant that once an unauthorized person established a presence, they were often treated as a civil matter (like a tenant) rather than a criminal one (like a trespasser).

The 2025–2026 Legislative Shift

In response to rising property disputes, several states have passed laws that clarify a squatter is not a tenant, allowing for faster removal.

  • Florida (House Bill 621): This law allows property owners to request that the sheriff immediately remove unauthorized persons. To qualify, the owner must provide a sworn statement confirming the occupant is not a current or former tenant and has no legal right to be there.
  • Georgia (House Bill 1017): Known as the Georgia Squatter Reform Act, this law makes it a crime to reside on a property without the owner’s consent. If an occupant cannot provide a valid lease or documentation within three business days of a police notice, they can be removed and arrested for criminal trespass.
  • Illinois (Senate Bill 1563): Effective January 1, 2026, this law clarifies that state eviction rules do not prevent police from enforcing criminal trespass laws. If an owner provides proof of title and the occupant has no lease, law enforcement may remove them on the spot.
  • New York (Senate Bill S2366): New York recently updated its laws to explicitly state that “a tenant shall not include a squatter.” This definition allows owners to bypass the long housing court process that was previously required once a person stayed for 30 days.

These updates represent a major trend: the burden of proof has shifted. In these states, an occupant must now prove their right to stay, rather than the landlord proving the occupant’s right to leave.

Manage Your Rentals With All-In-One Landlord Software

Listings, screening, leases, rent payments—all in one simple dashboard. No more scrambling to remember which app does what.

Get Started for Free

How Does Squatters Rights Work?

Squatters rights function as a legal barrier that prevents property owners from removing an occupant without following a specific legal process. A squatter typically does not have a lease, but the law historically required a court order to remove them to ensure that no one is evicted without a fair hearing.

In most jurisdictions, the process follows these three stages:

1. Establishing a Presence

A squatter typically enters a vacant or abandoned property. If they remain there for a certain period without being removed or charged with trespassing, they may gain civil protections.

In some states, once an occupant has stayed for as little as 48 hours or received mail at the address, they can no longer be removed by police as simple trespassers unless specific state “summary removal” laws apply.

2. The Right to Due Process

In states without updated legislation, once a person is considered a squatter, the owner cannot:

  • Change the locks or block entry
  • Shut off electricity, water, or heat
  • Forcibly remove the person’s belongings

Instead, the owner must serve a formal notice and file an eviction lawsuit (unlawful detainer) in court. This process can take weeks or months.

3. Adverse Possession (Long-Term Claims)

The most extreme version of squatters rights is adverse possession. This is a legal process where a squatter can eventually become the legal owner of a property.

For this to happen, the occupant must meet five strict requirements:

  • Open use: They aren’t hiding; they live there as if they own it
  • Continuous stay: They live there for a set number of years (usually seven to 20 years)
  • Exclusive possession: They are the only ones using the property
  • Hostile claim: They are there without the owner’s permission
  • Property taxes: In many states, they must prove they have paid the property taxes

Which States Have Squatters Rights?

Most states have laws on adverse possession, but they are divided into two categories: states that require a full civil eviction process and those that allow for summary police removal. Below is a breakdown of both.

1. States With Expedited Removal Laws

In these states, recent legislation has simplified the process for property owners to involve law enforcement immediately, provided the occupant was never a legal tenant.

  • Florida: Under Section 82.036 of the Florida Statutes (enacted via HB 621), owners can bypass the courts. By submitting a verified complaint to the local sheriff, owners can have unauthorized occupants removed immediately if they have no legal lease.
  • Georgia: Following the Georgia Squatter Reform Act, unauthorized occupancy is treated as a criminal matter. Occupants have only three business days to produce a valid lease before facing arrest for criminal trespass.
  • Illinois: Senate Bill 1563 (the Stop Squatters Act) allows police to remove squatters on the spot. Owners simply need to show proof of ownership and confirm the person lacks a valid rental agreement.

2. States with Traditional Eviction Requirements

In states like California, New York, and Massachusetts, the law often treats squatters as civil tenants if they have been in the property for a certain period (frequently 30 days).

In these jurisdictions, you cannot involve the police for a simple removal; you must file an unlawful detainer lawsuit and wait for a court-ordered sheriff lockout.

3. States with Long-Term Adverse Possession

The amount of time a squatter must occupy a property before they can claim legal ownership varies widely by state.

In some areas, the process runs much faster than others. If you own property in these states, it is critical to act quickly at the first sign of an unauthorized occupant.

  • California: Occupants must stay for five continuous years and provide proof that they timely paid all property taxes during that entire period.
  • Texas: While the general requirement is 10 years for those without a deed, the timeline can be as short as three to five years if the occupant has legal-looking documentation and pays property taxes.
  • New Jersey: Most residential property requires a 30-year occupancy, though this period extends to 60 years for uncultivated or woodland areas.
  • Louisiana: Known as “Acquisitive Prescription,” ownership can be claimed in 10 years if the occupant has a deed they believe is valid, or 30 years if they have no documentation at all.

How to Evict a Squatter

Before taking any action to remove an occupant, always refer to your local landlord-tenant laws and consult with legal counsel. Squatter laws vary significantly by state and municipality, and a procedural error could lead to a wrongful eviction lawsuit or other legal penalties.

Because laws have changed significantly over the last year, the process for removing an unauthorized person depends on whether they are a trespasser or a holdover tenant.

If you are dealing with an unauthorized person who has never had a lease, follow these steps:

1. Determine If They Are a Squatter or a Trespasser

A trespasser is typically someone who has entered the property illegally and has only been there for a very short time. A squatter is someone who has settled into the property with the intent to live there.

  • If it’s a recent break-in: Call the police immediately to report a criminal trespass. In many states, if the person has not established a residence, law enforcement may be able to remove them on the spot.
  • If they have established residence: You will need to use your state’s specific removal or eviction process.

2. Check for Summary Removal Laws

Many jurisdictions have recently updated their laws to provide summary removal pathways, where if you can prove you are the owner and the occupant has no legal right to be there (and was never a tenant), you may be able to involve law enforcement much faster.

This often involves providing a sworn statement or affidavit to the local sheriff’s office to authorize an immediate lockout.

3. Start the Formal Eviction Process

In states without the newer removal laws, or if the occupant claims they have a legal right to stay, you must follow the formal court process:

  • Serve an Official Notice: Deliver a notice to quit, giving the occupant a specific deadline to leave.
  • File an Unlawful Detainer: If they do not leave, you must file a lawsuit in your local housing court.
  • Obtain a Writ of Possession: If the judge rules in your favor, the court will issue a document allowing the sheriff to physically remove the occupant.

4. Avoid “Self-Help” evictions

Regardless of the situation, never attempt to remove a squatter yourself. Changing locks, turning off utilities, or removing their belongings without a court order or police authorization is illegal in almost every jurisdiction and can result in significant damages awarded to the occupant.

5. Stop the “Adverse Possession” clock

If a squatter stays in a property for a long period, they may eventually try to claim legal ownership. Filing an official police report or starting a court case immediately stops the time count required for them to make such a claim.

In Bradley’s experience, squatter evictions typically occur when larger real estate firms purchase distressed properties in urban or rural areas or foreclosed properties. These kinds of evictions rarely occur among independent landlords because they often have a better understanding of their tenants and their properties.

Protect Your Rentals With Avail

The best way to prevent unauthorized occupants is to maintain a consistent presence and use legally sound documentation from day one. While regular property visits are essential, your first line of defense is a professional, airtight rental agreement that clearly defines who is — and isn’t — authorized to live in your property.

Avail provides the tools independent landlords need to stay protected and organized:

  • Lawyer-reviewed lease templates: Access state-specific, lawyer-reviewed lease agreements that include locally-compliant clauses to protect you from unauthorized occupants and holdover situations.
  • Comprehensive tenant screening: Avoid professional squatters and high-risk occupants with TransUnion-powered background, credit, and eviction reports.
  • Legal and educational resources: Stay informed on the latest with our library of state-specific landlord-tenant law guides.

Don’t wait until a crisis occurs to secure your investment. Join over 1 million landlords who use Avail to manage their rentals with confidence.

Get started for free today.

The information provided on this website does not constitute legal advice. Instead, all information available on this site is for informational purposes only.