If you own property in Ohio, you may personally be impacted by a squatter at some point. A squatter is someone who occupies a property or part of land without the owner's permission. Not only do squatters rights state that they can occupy a property until formally evicted, but they can also claim legal rights in rare cases.
Let's go over Ohio squatters rights, adverse possession, and more importantly, how to deter squatters and protect your property as the legal owner.
The TL;DR
In Ohio, squatters can occupy a vacant property without permission—and may even gain legal ownership through adverse possession. Unlike trespassers, who have no legal standing and can be removed immediately, a squatter must prove exclusive, open, hostile, continuous, and actual possession for a full 21 years.
Property owners can’t remove squatters themselves—they must follow Ohio’s legal eviction process, including serving notice, filing a complaint, attending court, and obtaining a Writ of Execution.
Landlords can prevent squatting and protect ownership by posting signs, paying property taxes, securing and checking the property regularly, and conducting property surveys.
Squatter vs. Trespasser: What's the Difference?
So, what's the difference between squatting and trespassing? A squatter is someone who occupies an abandoned, unoccupied, or foreclosed property without the legal right or permission from the owner. Unlike trespassers, squatters often claim some level of right or ownership over the property, usually through adverse possession laws.
A trespasser is someone who enters or occupies property without any right or permission from the property owner. Trespassers have no legal claim to the property and no prior agreement or relationship with the property owner.
Let's talk about the most common squatting terms and examples to provide a clearer picture. Here's a quick breakdown:
What is a Squatter?
- Occupies a vacant property: A squatter takes over an unoccupied property or area of land and inhabits it with intentions to live there.
- Has legal standing: Squatters may gain legal ownership if they meet certain conditions set by local adverse possession laws, such as continuous and open occupation of the property for a specific period.
- Must be dealt with legally: Dealing with squatters can be more complex than dealing with trespassers. Property owners may need to go through legal proceedings to prove ownership and evict squatters, especially if the squatters claim adverse possession.
What is a Trespasser?
- Enters or occupies property without right: A trespasser also does not have permission from the property owner, but they do not have legal claim to the property and no prior agreement or relationship with the property owner.
- Does not have legal standing: Trespassers have no legal rights to the property. They are on the property illegally, and the property owner can take legal action (involving law enforcement) to remove them immediately.
- Must be dealt with via law enforcement: Property owners have the right to demand that trespassers leave the property and can call law enforcement for assistance. If trespassers refuse to leave, property owners can press charges for trespassing.
When a Tenant Won't Move Out
In rare cases, a tenant will continue to occupy a rental property after their lease has expired without the landlord's permission—this is considered a holdover.
It's important to note that a holdover tenant has some legal standing, depending on the laws and circumstances. Some laws dictate that the lease automatically converts to a month-to-month tenancy if the tenant continues to live there after the term is over.
How to Evict a Holdover Tenant
Typically, when a holdover happens, the landlord can either accept rent and allow the tenant to stay (which may lead to a month-to-month tenancy arrangement) or start eviction proceedings to remove the tenant.
We'll go over how the legal requirements for filing eviction complaints and removing unauthorized occupants on your property below.
Now that we have a baseline for what a squatter is, let's go over squatters' rights and adverse possession in Ohio.
Ohio Adverse Possession Laws
First, what is Adverse possession? Adverse possession is the legal process where a squatter can acquire legal property rights if they meet certain criteria.
In Ohio, a person can try to claim legal ownership of a property after occupying it for 21 years. This means a squatter must occupy the property continuously and openly for at least 21 years before they can make a claim for legal title to the land.
To successfully claim adverse possession in Ohio, a squatter must meet several specific conditions:
- Exclusive possession
- Hostile possession
- Continuous possession
- Open and notorious possession
- Actual possession
Exclusive Possession
This term means that a squatter must be the sole occupant of the property. Sharing the space with others, such as the legal owner or other tenants, disqualifies the claim for adverse possession.
Open and Notorious Possession
This states that the squatter must occupy the property both visibly and obviously. It should be done in a way that a reasonable property owner would become aware of the squatter's presence and claim to the property, not in secret.
Hostile Possession
The term 'hostile' in this context doesn't imply aggression or ill-will but rather that the squatter's possession is without the permission of the rightful owner and contrary to the owner's interests.
Continuous Possession for 21 Years
The squatter must occupy the property without interruption for the full 21-year period. If the person takes a break in occupancy, this resets the clock on the adverse possession claim.
In short, these laws exist to provide a means for squatters to gain legal ownership of a property without having to pay property taxes or rent—but only under stringent conditions and after a prolonged period.
Claiming Adverse Possession in Ohio: Legal Timeline
If a squatter wants to establish legal ownership of a property, they can do so through adverse possession claims. In Ohio, this involves filing with the local court the property is located in.
- Submit documentation: The squatter must complete the legal documents as part of the adverse possession claim and submit any proof of possession, including continuous and exclusive use of the land or property.
- Wait for response: The property owner has a chance to provide proof of ownership, such as legal title, occupancy, and paid property taxes.
- Court hearing: The court will decide whether the squatter has met all the conditions that are required to claim legal title. Though rare, successful claims can (and do) lead to the squatter gaining legal title to the property.
How to Remove Squatters
Luckily, there are ways for property owners to reclaim ownership of their property while respecting Ohio law.
Be careful handling squatters, as they are protected by squatters rights. Legal repercussions may occur from taking illegal actions such as threatening or cutting off utilities.
The eviction process typically follows these steps:
- Serve an Eviction Notice: The landlord or property owner must first serve the squatter with a notice. This notice informs them that they have a specified period (usually three days) to vacate the property. Failure to do so may result in the landlord filing an eviction lawsuit, also known as a "forcible detainer" lawsuit.
- Month-to-Month Tenants: For holdovers who were previously month-to-month tenants, the landlord must provide a 30-day notice before starting the eviction process.
- Week-to-Week Tenants: Holdovers who were previously week-to-week tenants must be given a 7-day notice to vacate before the landlord can file a complaint with the court.
- File a Complaint: If the squatter does not vacate the property after being served the notice, the landlord can file a complaint with the court. This step formally initiates the legal eviction process.
- Court Proceedings: The court will then serve the squatter with the complaint and summons. A court hearing will be held where both parties can present their case. The court will issue a judgment based on the evidence and arguments presented.
- Writ of Execution: If the court rules in favor of the landlord, a Writ of Execution is issued. The sheriff then serves the squatter with this writ and enforces the return of the property to the landlord.
- Legal Rights and Responsibilities: Landlords and tenants have certain rights and responsibilities under Ohio law during eviction. These procedures must be strictly followed to ensure a lawful eviction and to have a Writ of Restitution granted.
It's important to note that every eviction process is different and usually depends on whether the occupant was a non-tenant or a tenant with a lease or rental agreement. The specific grounds for eviction, such as an expired lease (holdover), failure to pay rent or involvement in illegal activities, can also influence the legal process.
How to Protect Your Property
If you own property in Ohio, you can take several steps to protect your investments from adverse possession claims. Let's go over effective ways to prevent squatters from gaining adverse possession in Ohio.
1. Post signs
Deter potential squatters with "no trespassing" signs on the property. This will clearly let trespassers know that they are not welcome and possibly even protect you against allegations of adverse possession.
2. Pay property taxes
Paying property taxes helps prove legal ownership and will make it more challenging for a squatter to claim ownership themselves.
3. Secure the area
Use locks or a security system to keep squatters out of doors, windows, and yard. If they can't get in, they can't inhabit the property unwarranted.
4. Visit the vacant property frequently
Since adverse possession claims require a person to stay at the property continuously for 21 years, it's a good idea to visit the property often or ensure it is occupied regularly.
5. Property surveys
Conducting property surveys every few years can help establish the legal boundaries of your property. This gives you evidence in case a squatter tries to claim ownership on your land.
In Summary
While it may seem complex, navigating adverse possession laws and squatter's rights in Ohio is essential as a property owner. By staying informed about the correct legal procedures to follow, you can increase your chances of a successful ownership claim.
On the surface, squatters rights seem like every landlord, property manager, or owner's nightmare, but remember that there is a formal eviction process put in place to help you.
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Frequently Asked Questions
What is the difference between a squatter and a trespasser?
In Ohio, a squatter occupies property without permission but may claim ownership after 21 years through adverse possession. A trespasser illegally enters the property without any claim to ownership.
How can property owners protect themselves from squatters?
Ohio property owners can deter squatters by regularly inspecting, maintaining, and securing their property, posting "No Trespassing" signs, and keeping property records and taxes current.
Do squatters pay rent?
Squatter are not legally tenants, so they do not pay rent. If a landlord needs to evict a holdover tenant, they must do so by following their local eviction process.
Can squatters in Ohio claim ownership?
Yes, in rare cases, squatters who meet the requirements of an adverse possession claim in Ohio can gain ownership. These requirements include: living at the property continuously for 21 years, practicing open and notorious possession, and living exclusively on the property.
