What Are Squatter Rights? A Full Guide for Landlords and Property Owners
You’ve likely heard stories of people occupying vacant homes and claiming legal rights to the property. But what are squatters, and do they really have legal protections? Understanding squatters rights—especially in states like Washington—is essential for property owners and landlords who want to safeguard their investments.
This comprehensive guide explores the law on squatters rights, how to prevent squatting, and answers the critical question: can a squatter be evicted?
What Are Squatters?
A squatter is someone who occupies a property without legal ownership or permission from the rightful owner. This can occur when someone:
- Enters and lives in a vacant home
- Refuses to leave after a lease ends
- Claims rights to a neglected or abandoned property
Importantly, squatting is not the same as trespassing. While trespassing is a criminal act, squatting can, in some cases, become a civil matter if the squatter meets certain legal criteria over time.
What Are Squatter Rights?
Squatters rights refer to legal principles that allow an individual to claim ownership of a property under a concept called adverse possession. If a squatter lives on a property for a certain number of years—openly, continuously, and without permission—they may legally acquire the title.
To qualify, squatters usually must:
- Occupy the property continuously for a specific period (varies by state)
- Possess the property openly and obviously
- Live on the property exclusively, not sharing with the rightful owner
- Use the property without permission from the legal owner
This concept exists to promote land use and discourage neglect of property. But it can be a nightmare for property owners who are unaware of the laws.
Washington Squatter Laws: What You Need to Know
If you own property in Washington, you’re probably wondering how these laws apply to you. Washington squatter laws are relatively strict but still provide a legal pathway to adverse possession under certain conditions.
Key points about squatter laws in Washington:
- The squatter must occupy the property for at least 10 years
- They must pay property taxes for at least 7 of those years
- Their possession must be hostile (without permission), open, notorious, and continuous
So yes, under certain conditions in Washington, a squatter may eventually claim ownership of a property.
Can a Squatter Be Evicted?
Yes—a squatter can be evicted, but the process is often more complex than removing a typical tenant. If the squatter has established long-term occupancy, they may have limited rights under the law, and eviction becomes a civil, not criminal, matter.
How to Evict a Squatter:
- Serve an eviction notice: This may be a 3-day, 30-day, or other type of notice depending on local laws.
- File an unlawful detainer lawsuit: If the squatter doesn’t leave, you may need to go through formal eviction proceedings.
- Get a court order: If successful, a judge will issue a writ of possession.
- Use law enforcement: Only the sheriff or a court-authorized official can forcibly remove a squatter.
Important: Never attempt to remove a squatter yourself through threats or force—that’s illegal and can lead to criminal charges against you.
How to Protect Your Property From Squatters
To avoid legal complications and expensive evictions, prevention is key.
Property Management Tips:
- Visit vacant properties regularly
- Post “No Trespassing” signs
- Secure all doors, windows, and access points
- Work with a reputable property management company to keep your rentals occupied and maintained
- Act quickly when you suspect squatting
Final Thoughts on Squatter Laws and Landlord Rights
Squatter laws vary by state, but property owners must be proactive to avoid costly legal battles. Understanding the law on squatters rights—especially Washington squatter laws—is essential if you own vacant or underused real estate.
If you’re managing multiple properties or dealing with a squatter situation, professional guidance is strongly recommended.
Need help managing your rentals or handling a squatter issue?
RES Property Management offers expert legal and operational support to protect your investments.
Contact us today for a consultation and take back control of your property.
