As housing prices rise and more properties sit vacant, it’s getting easier for the wrong people to show up where they don’t belong. Knowing the difference will save you a ton of stress and possibly a legal nightmare.
In some cases, what starts as an unexpected visitor can escalate into a much bigger issue, especially if someone tries to gain legal rights to your property through adverse possession. Let’s walk through what you need to know: definitions, removal steps, and how to keep your property safe.
Squatters vs. Trespassers: What’s the Legal Difference?
At first glance, squatters and trespassers might seem like the same problem. But if you own the place, that difference could cost you big. A trespasser is anyone who goes into your property without permission, typically for a short time. Think of someone cutting through a vacant lot or poking around an empty house out of curiosity. In most cases, the police can be called to remove them without much hassle.
Squatters, however, are more complicated. Instead of leaving, they move in and sometimes try to stay for good. In some states, squatters may even try to claim ownership by using adverse possession laws. That’s where the legal process shifts, and why it’s good to know your rent control laws. Unlike trespassers, who can usually be removed by law enforcement, squatters often require a formal eviction process and a court order.
Property managers and landlords can usually spot the difference during inspections. Changed locks, signs of someone living inside, or even newly placed furniture can indicate squatting, not just a one-time trespass. These clues can guide your next steps and help you stay within legal bounds as you respond.
What is Adverse Possession and How Can Squatters Claim Ownership of Your Property?
Believe it or not, there are situations where a squatter can actually end up with legal ownership of a property. It’s rare, but it can happen through adverse possession. It’s a long-standing legal concept, and while every state treats it a little differently, the basic idea is pretty straightforward: if someone lives on a property long enough, openly and without the owner’s permission, they may be able to claim legal ownership.
To even begin that process, the squatter must meet several strict requirements. They need to be living there consistently and out in the open, not hiding their presence. No one else can be living there with them. Total control is key to their claim. In many states, they must also pay property taxes during that time.
For example, if someone moves into a vacant home and lives there without interruption for several years, they might try to make a legal claim. In California and Montana, the required period is about five years. In Illinois, it’s more complex.
A squatter would need two years of possession, five years of property tax payments, and something called “color of title,” which means they have some kind of document that looks like a legitimate ownership claim. In states like New Jersey or Louisiana, the timeline can stretch to 30 years.
It’s rare but not impossible. And that’s what makes it dangerous. That’s why you need to stay alert and act quickly if you suspect someone is occupying your property without permission. These claims are difficult to win, but they are not impossible, especially if the squatter understands how the laws work.
Even just having someone swing by now and then, like a property manager, can stop things before they spiral. It might feel like an added expense, but it can save you from much larger costs and legal trouble down the line.
How Property Owners Can Prevent Squatters or Trespassers
The best fix? Don’t let the problem start in the first place. Staying proactive can help you avoid serious legal and financial problems down the road. Keep a close eye on your properties, especially any that are sitting vacant.
Set reminders to check in - especially if a place’s been sitting empty. Empty homes or units often attract attention, and simply showing up can be enough to discourage unwanted visitors. A few small habits can make a big difference:
- Visit your property regularly if it isn’t occupied.
- Keep the bills in your name so it’s clear who the real tenant is.
- Maintain the yard and exterior to make the place look cared for and lived in.
- Secure all doors and gates, and post “No Trespassing” signs in visible spots.
If you’re renting the property, don’t skip the screening process. A portable tenant screening report can help you spot red flags early on. You can also use our list of questions to ask potential renters before making any commitments. Using a tool like TenantCloud to manage inspections or tenant screening can help you catch red flags early and stay organized.
Can Police Remove Squatters and Trespassers?
If you’re dealing with someone on your property who shouldn’t be there, it’s important to understand what the police can and cannot do. Unfortunately, the answer often depends on where your property is located and how the local laws are written.
In most cases, if someone is clearly trespassing - meaning they are on the property without permission and not claiming to live there - police can usually step in pretty fast. Trespassing is labeled a criminal offense in many states, so police can typically intervene quickly.
Squatters are a different matter. Once someone claims they have a legal right to stay, things get more complicated. In many areas, police cannot remove them without a court order proving they have no legal claim to the property. For example, in California, you must file an unlawful detainer lawsuit before law enforcement can take action.
Some states have started responding more aggressively. In Georgia, for instance, the new Squatter Reform Act gives squatters three business days to show a valid lease. If they cannot, they may be arrested and charged with a misdemeanor.
Tempting as it is, don’t take matters into your own hands. Forcing someone out without going through the legal process can lead to serious consequences. Kick someone out the wrong way, and you could end up with charges or fines of your own. When in doubt, just ask a real estate attorney or a qualified property manager to ensure you're handling everything the right way and within the law.
How to Legally Evict Squatters and Protect Your Property Rights
Discovering squatters in your property is tough, but you need to respond calmly and legally. So, what can you actually do to get them out? Start here:
- Start by serving a five-day eviction notice, giving the squatters a short window to leave voluntarily.
- If they refuse to leave, the next step is to file an eviction lawsuit (called an unlawful detainer) in your local court.
- If the court sides with you, you'll get an official order that allows for legal removal.
- Once you have that order, law enforcement can step in and carry out the eviction.
Some property owners try what's known as a "cash for keys" offer - paying squatters to move out quickly. It’s not an ideal option, but it can save a lot more time and legal fees when compared to the full eviction process.
Whatever you decide, keep records of everything. Save copies of notices, court documents, and any communication with the squatters. If they’ve caused damage, those records could help you recover costs later. The more organized you are, the smoother this all goes.
What Happens if Squatters Successfully Claim Adverse Possession?
Believe it or not, some squatters do end up winning full legal ownership. It doesn’t happen often, but it’s not unheard of -especially in places with long occupancy timelines or when a property sits empty for too long.
For squatters who don’t qualify, the consequences can be serious. In Illinois, unauthorized squatting can lead to up to 3 years in jail, $2,500 in fines, and mandatory community service. However, in Georgia, there are new reforms that give property owners stronger legal protections.
It’s also helpful to recognize the signs that someone may be trying to claim ownership: changing locks, getting mail delivered, setting up utilities, or trying to pay property taxes. Even if someone claims squatters’ rights, they still have to meet strict legal standards to stay. Stay sharp and don’t ignore red flags. Acting fast is the best way to safeguard your property without permission.
Protect Your Property Before It’s Too Late
Knowing who’s who could save you thousands and months of headaches. Staying proactive is a must. Make it a habit to inspect your properties regularly, secure any vacant buildings, and stay current with your property taxes.
If you do end up dealing with squatters, keep detailed records and follow the legal eviction process closely. It’s the best way to protect your ownership rights and avoid unnecessary delays.
We know that navigating property laws - especially things like adverse possession - can feel overwhelming. Talk to a local real estate lawyer because laws change fast, and every state’s different.
And when it comes to managing your rental or investment property, TenantCloud is here to help. From tenant screening to maintenance tracking, our tools are designed to keep you organized and in control. Want to make this whole thing easier? Let TenantCloud help you stay ahead. Start your free 14-day trial today and see what TenantCloud can do for you.
