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Daily Archives: October 30, 2023

What Are Squatter’s Rights?

If you are a landlord or a property owner, at some point you may have to deal with squatters setting up camp in or on your property. Squatters may inhabit your land or property and refuse to budge. It can be frustrating to encounter squatters on your property, but there are steps to take to address the situation. What are squatter’s rights?

Squatting, also called adverse possession, refers to a person intentionally entering a property that they do not own or have permission from the legal owner to reside in or on, with the intention of acquiring that property. 

A rectangle image is titled What is Squatting? It proceeds to give the definition "Squatting, also known as adverse possession, refers to a person intentionally entering a property they do not own with the intention of acquiring that property".

“The phrase ‘squatters rights’ is really misleading, because, as a general rule, they are merely trespassers, and don’t have any rights,” says Teri A. Walter, civil trial lawyer, founder and managing partner at Walter Law Firm in Texas, which specializes in business litigation. “The phrase comes out of the adverse possession laws. Adverse possession is a legal theory of gaining ownership of property without actually purchasing it.”  

This “right” can be converted to title to the property over a period of time by adverse possession, depending on a state’s law. Attorney Natela Shenon of Shenon Law Group in California, which specializes in business law, says certain elements have to be met in order for it to be effective.

For example, in California she says the possession has to be hostile, notorious and continuous, without any interruption for the statutory period, which in that state is five years. 

“Another requirement in California is that the squatter has to be paying property taxes for the statutory period for the piece of land he or she is occupying,” says Shenon.

Each state has different laws regarding squatter rights, so experts recommend checking local and state laws to ensure landlords retain legal protection of their property and know their rights.

What To Do If You Have a Squatter

There is a legal process landlords and property owners should follow should they encounter a squatter on their property.

“Once it is discovered that there is an unauthorized person in a vacant property, an owner needs to serve a Notice to Vacate/Surrender Possession that includes language to the effect that the persons in possession are squatters and have no legal right to be in possession of the property, that the owner does not consent to the occupant’s possession of the property,” says attorney Eileen M. Kendall, Kendall Law in California, which specializes in real estate law and business law. 

She says if the squatters do not vacate, the owner can then file the unlawful detainer complaint in the superior court to get a writ of possession that can be executed by the sheriff to remove the squatter. 

When dealing with squatters, there are some things landlords and property owners should not do. Shenon says a landlord or a property owner should not abandon their property and not stop paying property taxes on the property. 

“They also should not allow anyone to use or be on their property for an extended period of time without a written agreement that specifically gives permission for use by the owner—remember adverse possession has to be hostile and without permission—for only a limited period of time,” says Shenon.

Shenon says other terms can be added to the agreement to avoid any confusion as to ownership and to prevent any claims to adverse possession in the future. 

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How Do You Avoid Getting a Squatter? 

There may be potential warning signs that a property is being occupied by a squatter. Walter says these include higher than expected bills for power and water or having those bills suddenly terminated. She says squatters typically will not bother to set up utilities in their own name but may if they plan to make a claim of ownership of the property.  

“Seeing unexpected cars in the driveway, locks changed, changes to the landscaping or exterior look of the property, or maintenance of the house or yard that you did not arrange,” says Walter.  

Walter says there are several things landlords and property owners can do to avoid having a squatter and protect their property.

“Many of these actions are the same kinds of things you’d want to do in order to avoid burglaries,” says Walter.

One important thing to do is to not allow a property to remain vacant for long, and when it must be vacant, to leave the electricity and water on and to leave lights on inside and around the property to give the appearance of being occupied, says Walter. She says to not allow mail to pile up, make sure to keep drapes drawn so people cannot see inside, to drive by periodically to pick up mail or trash and check to make sure the property is still secure.  

“Be in touch with your neighbors, and make sure they know how to contact you if they see something that looks suspicious,” says Walter. “If the property is a vacant lot, fence it off, keep it mowed and trash removed and post a ‘No Trespassing’ sign.”

Squatter Rights FAQ

What are Squatter Rights? 

Squatter rights, also known as adverse possession laws, refer to laws that allow a squatter to live in another person’s property if the lawful owner does not evict or take action against the squatter.

What do you do if you have a squatter on your property? 

If a squatter is on or in your property and they refuse to leave, call the police.  However, if a squatter claims to be a tenant, an eviction is the best method to remove them. But, if the “tenant” actually claims ownership, then file a suit against them to confirm title in your name. 

Why do squatters have rights? 

Rights are only valid as long as squatters fulfill all adverse possession requirements, which vary by state.

Which states have squatter rights? 

Squatter rights exist in all 50 states. But, how and when the enforcement happens varies widely by state, city, and municipality.

Krista Reuther

Krista Reuther

Krista is the Senior Content Marketing Writer at TurboTenant where she writes data-driven, actionable articles to help landlords and renters alike. With decades of writing and editing experience, she produces top-quality content across various industries, including real estate, SaaS, and survey design/implementation.

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Check out our 3-part series where we break down our 37 page lease and its addendums! It’s like a mini masterclass where we discuss the importance of each section, paragraph by paragraph. Definitely something you don’t want to miss!

4 Benefits And Value In Creating A Great Tenant Experience

By Phil Schaller

A strong support system for your tenants can translate to a more profitable rental property. Here at RentalRiff, we believe in providing a great experience for tenants. To us, rental properties are not a commodity; they are someone’s home. Our focus on the tenant experience and how we’ve structured our service may be our biggest differentiator.

There are many benefits to creating a fantastic tenant experience. Aside from the human elements (and we think these are the most important), there is tremendous value to be captured as a landlord and rental property owner.

As we’ve discussed in other blog posts, there are certain things you can control as a landlord and certain things you can’t. Tenants moving to a new city is out of your control, as is a tenant purchasing a home of their own. Tenants moving out because of poor maintenance support or a general lack of communication is definitely in your control. If you can optimize the elements of your rental business that are within your control, you will be better off for it.

Here are some of the main benefits to creating a great customer experience:

No. 1 – Higher tenant-retention rates

This one’s a bit of a no-brainer.

If your tenants like renting from you and feel supported they are more likely to renew their lease, plain and simple. J Turner Research did a large study on residents recently and found that 35 percent of tenants that felt unsupported and underserved moved out. With vacancy rates in the Seattle area currently sitting around 7.5 percent, this can mean thousands of dollars lost.

No. 2 – Better treatment of your property

Not only are unsupported tenants more likely to move out, they’re also more likely to treat the property poorly.

Security deposits exist for a reason, but tenants will treat the property better if they don’t feel neglected by their landlord. Obviously, this means less wear and tear on the property and fewer large, avoidable repairs needed down the road.

No. 3 – Tenants are more accepting of higher rents

Increasing rents at a steady clip is an important part of running a successful rental property business.

Another important element is retaining good tenants. When you’ve created a strong support system for your tenants you can both increase rents and retain good tenants. Again, this goes back to controlling what you can control, but if the tenants feel taken care of they are more likely to accept the higher rent and stick with your property.

No. 4 – Higher likelihood of collecting rent on time

There are many property management tools out there that automate the rent-collection process (we definitely recommend using these tools) but, again, happy tenants are more inclined to make their rent on time. Tenants will want to stay and be more proactive in keeping up their side of the bargain.

There are many important components that go into running a successful rental property, and maintenance and tenant support are just two of those. They can be major pain points for landlords, and it’s easy for the property-level needs of your tenants to slip through the cracks. If you can optimize your processes and create a positive environment for your tenants, in the long run, you’ll have more success as a rental owner.

Happy landlording!

About the author:

Phil Schaller is an experienced landlord and the founder/CEO of RentalRiff – an alternative service to traditional property management that provides ongoing oversight and upkeep of rental properties, while serving as the main point of contact for tenants. If you are interested in learning more about RentalRiff’s rental property maintenance service you can reach him at 541-600-3200. Maintenance and repair costs are included and property specialists are licensed/insured. Phil is a Pacific Northwest native, father of two, and fly-fishing addict.