As a landlord, it is important to know your rights and responsibilities when it comes to dealing with squatters. Squatting is the act of occupying a property without the owner’s permission. While this may seem like a rare occurrence, there are states in the US that have laws protecting squatters’ rights. This blog post will serve as a guide for landlords in states with squatters rights, providing information on what these laws entail and how landlords can protect their properties.
The states that have specific laws regarding squatters’ rights are California, Florida, New York, Oregon, and Washington. These states have different regulations when it comes to dealing with squatters, so it is crucial for landlords to understand the laws in their state.
In California, for example, if someone has been living on your property for at least five years without your knowledge or permission and has paid taxes on the property during that time period, they may be able to claim ownership through adverse possession. This means that they can legally take ownership of your property if you do not take action against them within five years.
In Florida and New York, squatting is considered trespassing and can result in criminal charges. However, if a person has been living on your property for at least 20 years without any attempt from you to remove them or take legal action against them during that time period, they may be able to claim ownership through adverse possession.
In Oregon and Washington state law allows individuals who have lived on an abandoned or neglected property for at least one year without being evicted by the owner or landlord to file an adverse possession claim after three years of continuous occupation.
As a landlord in one of these states with squatter’s rights laws in place,it is important to regularly check on all of your properties even if they are vacant. This will help prevent squatters from taking up residence without your knowledge. Additionally, it is important to take swift action if you do discover a squatter on your property.
The first step in dealing with a squatter is to serve them with an eviction notice. This should be done as soon as possible, and it is recommended to seek legal advice before proceeding with the eviction process. In states like California and Florida, where adverse possession laws are in place, landlords may need to provide evidence that they have taken steps to remove the squatter within the five-year time frame.
In states like New York, where squatting is considered trespassing, landlords can involve law enforcement and file criminal charges against the squatters. However, it is still important for landlords to follow proper eviction procedures even in states without specific laws protecting squatters’ rights.
Conclusion: As a landlord in states with squatter’s rights laws in place,it is crucial to understand these laws and take necessary precautions to protect your properties from potential squatting situations. Regularly checking on vacant properties and taking swift action when discovering a squatter can help prevent adverse possession claims or criminal charges being filed against you as the owner of the property.
It is also recommended for landlords in these states to seek legal advice when dealing with potential or current squatting situations. By understanding your rights and responsibilities as a landlord, you can effectively handle any issues that may arise regarding squatting on your properties.