These 8 States Have the Most Lenient Squatter’s Rights Laws
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If you own multiple properties or tracts of land then always remain vigilant over them. Squatter’s rights, also known as adverse possession laws, are technically legal in all 50 states. Some state and city governments are more lenient than others in how they enforce such laws.
Depending on where you live, the level of maintenance and vigilance neglect on your properties, and the local laws, you might not have any legal right to remove any squatters you come across. As a landlord, renter, home or property owner, you should always be apprised of your rights and local laws relative to squatter’s rights. What you don’t know can cost you a lot.
If a squatter can live on a property for anywhere between 5 to 13 in over 33 American states then they automatically qualify for squatter’s rights. Here is a list of 8 states with the most lenient squatter’s rights laws in the country and what you must know to protect yourself. First, what exactly are squatter’s rights?
What Are Squatter’s Rights?
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Squatter’s rights are a paradoxical law where someone can illegally trespass and stay on your property long enough until it’s legal. Most squatters take over abandoned or neglected buildings, dwellings, or land. A squatter can also be a friend or relative allowed to stay as a houseguest for months or years and who decides to stay against your wishes.
A squatter is someone who hacks residency laws to illegally become a permanent resident without applying or paying for the privilege. A squatter does not have to pay rent or provide documentation of their right to stay. In some states, if you fail to pay property tax on a forgotten or neglected property or physically maintain it, and the squatter does, you may bolster the squatter’s legal right to stay.
A squatter stays against your desire, does it openly and not secretly, prevents other squatters from taking over, and stays at the property for years at a time. In some cities, illegal tenants can claim squatter’s rights after a few weeks. These laws wildly vary from city to city and state to state. Consult a lawyer when in doubt.
1. New York
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New York state is considered to have the most lenient squatter’s rights laws in the country. If a squatter can stay on a property for 10 years without the owner’s permission then they can claim ownership of the same property via squatter’s rights. The law is even more lenient in New York City. Squatters can claim tenant rights in New York City if they stay on a property for at least 30 days.
In March 2024, a Queens homeowner made headlines after being arrested for changing the locks on her $1.2 million property after discovering squatters in it. The squatters were discovered when they changed the locks first. The legal homeowner was arrested for illegal eviction for changing the locks on the illegal tenants via squatter’s rights.
2. Washington
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Squatter’s rights are legally enforceable in Washington state if the squatter has lived in the dwelling for seven years openly and paid property taxes. However, this is the state mandate and local city laws are lenient. In Bellevue, Washington a squatter named Sang Kim recently took over a $2 million dollar home after refusing to pay rent for 24 months. Kim took out a restraining order to keep the legal homeowner out and even gamed the system to get a non-profit to pay his rent in his stead.
3. Montana
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To claim squatter’s rights in Montana one must live on a property without the legal owner’s consent, but with their knowledge, for at least five years. Squatters may have to file property taxes, file for a “quiet title,” or legal claim to the property as a squatter, aesthetically maintain the property, or take the legal property owner to court.
4. Georgia
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In the state of Georgia, a squatter can claim legal ownership of a property if they occupy it openly for 20 years. If the squatter has paperwork that proves they paid property taxes or a non-legal deed or title with bureaucratic errors on it, they can claim to have a legal, “color of title.” They can then claim the property within 7 years of squatting occupancy
The color of title proves that an illegal trespasser, the squatter, was basically acting in good legal faith and should be awarded ownership of the property they want to claim. The Georgia state government initiated steps in March 2024 to make squatting a criminal offense warranting immediate arrest without the need for eviction.
5. Florida
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In Florida, squatter’s rights can be enforced if the squatter has lived on the property openly for at least seven years. The squatter’s case can be bolstered via color of title by paying property taxes, even if without the knowledge or consent of the legal property owner. The Florida state government recently enacted a law that will enable police to forcibly remove and arrest squatters at the behest of legal property owners.
6. Utah
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Squatters in Utah can successfully claim property if they have openly occupied it and paid property taxes on it for at least seven continuous years. It also helps the squatter’s case if they maintain the property and continually beautify and repair it. The squatter’s legal case is enabled if the legal homeowner is negligent with maintenance and does not take legal steps to evict the squatter.
7. Tennessee
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There is no such thing as “squatter’s rights laws,” in Tennessee, but the concept exists via the legal term adverse possession. As long as a squatter has lived on the property openly for at least 20 years without conflict with the legal owner, then the squatter can stake a claim on the property. The squatter’s case can be helped if they enact repairs, aesthetically beautify, and maintain the property continuously. If the squatter does these things and has color of tite documents then they can claim property ownership within seven years.
8. Texas
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While Texas is known as the law and order state, it has some surprisingly lenient squatter’s rights laws. As long as the squatter has some color of title documents, like property tax payment proof or faulty deed paperwork, they can claim squatter rights on a property in as little as 36 months. If they openly live on the property as well as beautify and maintain it for a decade, they can claim the property.
Consult a Lawyer to Protect Yourself Against Squatter’s Rights
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If a squatter can legally claim themselves as a tenant or owner of your property relative to local laws, then you can’t legally remove them or turn off utilities. You might get into legal trouble attempting to do so. Call the police and initiate eviction processes with the help of a lawyer.
The best way to prevent such issues is to always remain vigilant and physically maintain any properties you own or inherit. Don’t let months or years pass without personally checking up on them. Install cameras, motion detectors, and “Do Not Trespass,” signs on your properties. Also, consider investing in landlord insurance and hiring a property management firm to continually check on your properties.
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Allen Francis is a full-time writer, prolific comic book investor and author of The Casual’s Guide: Why You Should Get Into Comic Book Investing. Allen holds a BA degree from Marymount Manhattan College. Before becoming a writer Allen was an academic advisor, librarian, and college adjunct for many years. Allen is an advocate of best personal financial practices including saving and investing in your own small business.
