This past Sunday was a delightful, sunny day in Southern California, as the rest of the country was battered in blizzard conditions. We decided to take a nature walk around our canyon, greeting neighbors, identifying birds and watching wildlife.

As we finished up a lengthy chat with a neighbor we hadn’t seen in a while, we saw three police cars parked at a property with a large, white “For Rent” sign. We stood across the street watching as one officer, walked out a cleanly dressed male, in his late 20’s, in handcuffs. People had begun to crowd around, so, ever the interested neighbors, we walked across the street to get the details.

We quickly learned that the suspect was a squatter, who had somehow obtained entry into the home and changed the locks. The owners of the property had just arrived, with their real estate agent in tow, to show the home to a prospective renter. Imagine their surprise when they put their key in the lock, it didn’t work, and someone on the other side opens the door.

Discovering that someone has taken up residence in your rental or for-sale property without permission can be shocking—and frustrating. With nearly 15 million vacant homes across the U.S., representing approximately 10% of all housing units—according to a recent LendingTree study—empty properties are far more common than many realize—and they create prime targets for squatters. These vacancies heighten risks for homeowners, as prolonged emptiness often leads to unauthorized occupancy, significant property damage, and broader neighborhood threats.

Many homeowners are also surprised to learn that removing squatters isn’t always as simple as calling the police. Laws governing squatters, tenants, and property rights vary by state, but there are some common principles every homeowner should understand.

This article breaks down what squatters are, what rights they may or may not have, what rights homeowners retain, and—most importantly—how to avoid an expensive, protracted eviction battle.

Table of Contents

Also see:

 

What Is a Squatter?

A squatter is someone who occupies a property without the owner’s permission and without a valid lease or ownership claim. Squatters often move into vacant homes, foreclosures, or properties listed for sale or rent.

Unoccupied staged home listed for sale with utilities enabled

Inside view of an inviting unoccupied staged home listed for sale with all utilities active

It’s important to distinguish squatters from:

  • Trespassers: short-term, clearly unauthorized occupants
  • Tenants: people with a lease or rental agreement, even an informal one
  • Holdover Tenants: former tenants who refuse to leave after a lease ends

This distinction matters because the legal process to remove someone classified as belonging to one of these groups can differ significantly.

Empty living room of a well-maintained vacant home

Empty living room of a well-maintained vacant home

In legal terms, a squatter is defined as:

a person who occupies or possesses real property without the permission of the owner and without any legal right or title to the property. The occupation is typically open and continuous, and the squatter has no lease, license, or ownership interest at the time possession begins.

In many jurisdictions, a squatter’s possession may—after meeting specific statutory requirements over a defined period—form the basis of a claim to legal ownership under adverse possession, but until those requirements are met, the person remains a special class of criminal trespasser under the law.

Also see:

 

Do Squatters Have Legal Standing?

Our story continues. As the police had the suspect in custody in the back of the squad car, another male arrived. He claimed to be a friend of the home’s “resident”. When he was informed that the squatter/resident was under arrest for criminal trespass, the friend claimed “rights” and informed the police that they would be speaking to his attorney. The police informed the friend that the attorney could reach the suspect at the local police station because he was under arrest and would be in a jail cell.

Local police attending to a squatter situation

Local police attending to a squatter situation

After the police confirmed that the owners did in fact have a deed to the property (an electronic copy was provided immediately), the question of rights was discussed with both Law Enforcement and the property realtor. Despite popular myths:

squatters do not automatically have the right to stay in someone else’s property.

However, in some jurisdictions, squatters can gain limited legal protections over time.

Two common concepts homeowners should know about “Squatter Legal Rights” include:

  1. Tenant-Like Protections
  2. Adverse Possession (Rare, But Real)

 

1. Tenant-Like Protections

If a squatter can convince law enforcement, or a court, that they are a tenant—perhaps by showing mail delivered to the address, utility bills, or a fake lease—police may refuse to remove them without a court order. At that point, the issue often becomes a civil eviction situation rather than a criminal trespass.

 

2. Adverse Possession (Rare, But Real)

In limited circumstances, squatters may claim ownership through adverse possession, which typically requires:

  • Open and obvious occupation
  • Continuous residence for many years (often 5–20)
  • Exclusive use
  • Non-permitted occupancy
  • Sometimes payment of property taxes

Adverse possession claims are difficult to prove and rare, but they are not impossible, if a property is neglected for long periods.

We learned through law enforcement, that it is their experience that many squatters know the law better than the average homeowner and use this knowledge to their advantage. A previous incident involving an AirBnB/short-term lease situation, became a long-drawn-out situation, not without peril, that cost the homeowners thousands of dollars in court and lawyers fees.

 

Homeowners’ Rights Against Squatters

Homeowners retain strong rights over their property, even when squatters are present.

Generally, homeowners have the right to:

  • Control access to their property
  • Serve eviction notices when required and allowed by law
  • File for unlawful detainer or eviction in court
  • Secure vacant property
  • Recover damages for vandalism or unpaid occupancy

However, homeowners usually cannot:

  • Change locks while someone is living inside
  • Shut off utilities to force squatters out
  • Remove belongings or physically confront occupants
  • Harass or threaten squatters to leave

Taking “self-help” actions like these can backfire badly and may expose homeowners to fines or lawsuits—even when the occupants are clearly in the wrong!

 

How Squatter Situations Turn Into Long Legal Battles

Evicting squatters often becomes a drawn-out process not because homeowners lack rights, but because certain legal and procedural factors slow everything down. Understanding these common roadblocks can help homeowners avoid costly mistakes and set realistic expectations.

Large single family home with prominent For Rent sign in front yard

Large single family home with prominent For Rent sign in front yard, that signals the home may be vacant

Evictions become protracted when:

Once an eviction case enters the court system, it can take months—sometimes longer—to resolve.

 

When the Squatter Claims Tenant Status

One of the biggest causes of delay is when a squatter claims they are a lawful tenant. Even without a legitimate lease, squatters may present:

  • Mail
  • Utility Bills
  • Receipts
  • Fabricated Rental Agreements to suggest they were given permission to live in the property

Once tenant status is claimed, police are often unwilling to remove the occupant without a court order. At that point, the homeowner may be forced to pursue a formal eviction rather than treating the situation as criminal trespassing. Courts typically err on the side of caution to avoid wrongfully displacing lawful tenants, which shifts the burden onto the homeowner to prove no tenancy exists.

Overgrown vegetation can easily hide the activity of an illegally occupied home from neighbors

Overgrown vegetation can easily hide the activity of an illegally occupied home from neighbors

 

When the Homeowner Delays Taking Action

Time works in the squatter’s favor. The longer unauthorized occupants remain in a property, the easier it becomes for them to establish residency or claim tenant-like protections. Delays may allow squatters to:

  • Receive mail at the address
  • Set up utilities
  • Accumulate documentation suggesting residency

Even a delay of a few weeks can change how law enforcement or courts classify the situation.

Immediate action is critical for homeowners to preserve their strongest legal positions.

 

When Paperwork or Notices Are Handled Incorrectly

Eviction laws are procedural, and small mistakes can cause big delays.

Common paperwork errors include:

  • Serving the wrong type of notice
  • Failing to include required legal language
  • Missing deadlines
  • Improperly serving notices (wrong method or wrong party)

If paperwork is incorrect, courts may dismiss the case outright, forcing the homeowner to restart the eviction process from the beginning. This can add weeks or months to the timeline and increase legal costs.

 

When Courts Are Backlogged

Even when a homeowner does everything correctly, court schedules can slow the process. Housing and eviction courts are often overloaded, especially in large cities or during periods of economic stress.

Backlogs can result in:

  • Long waits for hearing dates
  • Delays in obtaining writs of possession
  • Additional continuances requested by occupants

During this time, squatters may continue occupying the property without paying rent, while the homeowner remains responsible for taxes, insurance, and maintenance.

 

When the Property is in a Tenant-Friendly Jurisdiction

Some states and municipalities have strong tenant protection laws designed to prevent wrongful evictions. While these laws are intended to protect legitimate renters, they can also make removing squatters more difficult.

Tenant-friendly jurisdictions may require:

  • Longer notice periods
  • Mandatory mediation
  • Multiple court hearings
  • Strict proof requirements before removal

In these areas, courts may grant squatters additional time to vacate, or impose higher procedural standards on property owners, further extending the eviction timeline.

 

The Reality of the Court Process

Once an eviction case enters the court system, resolution is rarely quick. Even under ideal conditions, the process can take several months. If squatters contest the eviction, request continuances, or appeal decisions, the timeline can stretch even longer.

For homeowners, this underscores the importance of prevention, rapid response, and professional legal guidance before a squatter situation escalates into a full-scale court battle.

 

How Homeowners Can Avoid a Long, Costly Eviction Process

The best strategy is prevention and swift action.

Here are tactics that help most:

  1. Secure Vacant Properties
  2. Check on Properties Frequently
  3. Act Immediately
  4. Post “No Trespassing” and Ownership Notices
  5. Use a “Cash for Keys” Approach (When Appropriate)
  6. Consult a Local Attorney Early

 

1. Secure Vacant Properties

Squatters target properties that appear abandoned, therefore:

  • Change locks immediately after tenants move out
  • Install motion lights, cameras, and alarms
  • Board or reinforce entry points if the home will be vacant
  • Use visible security signage

Also see:

 

2. Check on Properties Frequently

Regular visits—or hiring a property manager—can prevent squatters from establishing occupancy long enough to claim tenant protections. Notify neighbors of the property’s vacancy and encourage them to contact you should they witness anything unusual. Offer your driveway to a next-door neighbor, as an additional parking space, to give the appearance of someone living in the home.

Squatters will never park in front of the house, but on nearby side streets

Squatters will never park in front of the house they are occupying, but on nearby, less visible side streets

 

3. Act Immediately

If you discover unauthorized occupants, do the following immediately:

  • Contact law enforcement right away
  • Provide proof of ownership (always have an electronic copy of your deed available)
  • Avoid giving permission, even verbally
  • Do not accept rent or money, which could imply a tenancy

The earlier you act, the more likely authorities will treat the situation as trespassing rather than eviction.

 

4. Post “No Trespassing” and Ownership Notices

Clear signage can strengthen your position that occupants were never authorized. “Do Not Disturb Occupants” signs may also deter prospective squatters from considering your property.

Black residential No Trespassing sign on side gate

 

5. Use a “Cash for Keys” Approach (When Appropriate)

In some cases, offering squatters money to leave voluntarily can be faster and cheaper than court. While frustrating, this approach can save months of legal fees.

 

6. Consult a Local Attorney Early

Real estate and landlord-tenant laws vary widely. A short consultation can help you:

  • Serve the correct notices
  • Avoid procedural mistakes
  • Choose the fastest legal path

 

Final Thoughts

Squatter situations are not just legal problems—they are financial, emotional, and time-consuming challenges that can quickly spiral out of control if mishandled. Many homeowners assume that ownership alone guarantees immediate removal of unauthorized occupants, only to discover that the law often prioritizes due process over speed.

The reality is that squatters exploit vacancy, delay, and confusion.

Properties that appear neglected, owners who hesitate to act, or paperwork that is even slightly incorrect can all shift the balance in favor of the squatter. Once a claim of tenancy is raised and a case enters the court system, homeowners may find themselves facing months of lost income, legal fees, and ongoing property expenses with no guarantee of a quick resolution.

The most effective protection is prevention and vigilance.

Regular inspections, visible security measures, and clear signs of active ownership dramatically reduce the likelihood of squatters moving in. A property that looks monitored and maintained is far less attractive than one that appears abandoned.

When squatters are discovered, speed matters. Acting immediately—before mail is delivered, utilities are established, or residency claims can be made—often determines whether the situation can be resolved as trespassing, or must proceed through formal eviction.

Homeowners who move quickly preserve more options and greater leverage.

Equally important is resisting the urge to take matters into your own hands. Lockouts, utility shutoffs, or confrontations may feel justified, but they can seriously undermine your legal position and expose you to fines or lawsuits. Even when the occupants are clearly in the wrong, improper self-help actions can turn a solvable problem into a legal nightmare.

Finally, homeowners should recognize that local laws matter. Squatter and eviction rules vary widely by state and municipality, and what works in one location may be illegal in another. Consulting a knowledgeable local attorney or property professional early—before mistakes are made—can save months of frustration and thousands of dollars.

In short, squatters rely on inaction and uncertainty.

Homeowners who stay proactive, informed, and legally disciplined put themselves in the strongest position to protect their property, minimize losses, and resolve problems as quickly and cleanly as possible. For the safety of your community, we strongly recommend that you share this knowledge with your neighbors.

 

FAQs: Frequently Asked Questions About House Squatting

Here are commonly asked questions pertaining to topics related to house squatting.

  1. What is a tenant-friendly jurisdiction?
  2. What are some well-known tenant-friendly cities and states?
  3. What is a writ of possession?
  4. How does a squatter differ from a trespasser?
  5. When does a holdover tenant become a squatter?
  6. Why don’t courts reclassify holdover tenants as squatters?
  7. What is an adverse possession?
  8. What is the 30-day squatter law in California?
  9. What are some examples of famous house squatting cases?
  10. What is the difference between squatting and phrogging?
  11. What are recent state laws that have strengthened homeowner rights against squatters?

 

1. What is a tenant-friendly jurisdiction?

A tenant-friendly jurisdiction is a city, state, or country whose laws and enforcement practices lean more toward protecting renters’ rights than maximizing landlords’ flexibility. In these locations, it’s generally harder to evict tenants, raise rent aggressively, or bypass habitability and notice requirements. Common features include:

  • Strong Eviction Protections: “just cause” eviction laws (landlords must give a legally valid reason); longer notice periods; mandatory court hearings; eviction moratoriums in emergencies
  • Rent Control or Rent Stabilization: limits on how much rent can increase each year; applies especially to older or multifamily buildings
  • Habitability & Repair Rights: strict rules requiring landlords to keep units safe and livable; tenants can withhold rent or “repair and deduct”, if repairs aren’t made
  • Tenant-Protective Legal Processes: burden of proof often on the landlord; free or low-cost legal aid for tenants; tenant harassment protections
  • Lease Renewal & Security Deposit Protections: limits on security deposit amounts; short timelines for returning deposits; easier lease renewals for tenants

 

2. What are some well-known tenant-friendly cities and states?

Well-Known Tenant-Friendly Cities

  • New York City: one of the most tenant-protective jurisdictions in the U.S.; evictions are slow, expensive, and tightly regulated
  • San Francisco: rent control; “just cause” eviction laws; strong tenant unions and enforcement
  • Los Angeles: rent stabilization ordinance; aggressive enforcement and tenant legal support
  • Seattle: extensive “just cause” eviction laws; first-in-time tenant protections
  • Oakland/Berkeley: among the strongest tenant protections nationwide

Well-Known Tenant-Friendly States

  • California: statewide rent control (AB 1482); strong eviction protections; very tenant-friendly cities (SF, LA, Oakland); long eviction timelines
  • New York: rent stabilization and rent control (especially NYC); very strict eviction rules; heavily regulated landlord-tenant courts
  • Oregon: first state with statewide rent control; “just cause” eviction laws; requires relocation assistance in some cases
  • Washington: strong tenant protections in Seattle; long notice periods for rent increases; eviction reform laws expanding tenant defenses
  • New Jersey: rent control common at city level; difficult eviction process; tenant-friendly court interpretations; well-known tenant-friendly cities

 

3. What is a writ of possession?

A Writ of Possession is a court order that gives a landlord the legal right to take back possession of a rental property—usually after the landlord has won an eviction case against a tenant. Think of it as the final step in the eviction process.

 

4. How does a squatter differ from a trespasser?

  • A Squatter is someone who occupies a vacant or foreclosed property without permission, but treats it like their own and may try to gain legal rights over time.
  • A Trespasser is someone who is inside or on a property without permission and without any claim of right. Usually removable immediately.

 

5. When does a holdover tenant become a squatter?

  • A holdover tenant is someone who originally had legal possession (via a valid lease or rental agreement) and stays after it ends.
  • A squatter is someone who never had legal possession to begin with.

Hence, by the letter of the law, a holdover tenant can never “become” a squatter, when overstaying their once valid lease. Legally, they are still treated as a tenant (often a “tenant at sufferance”).

Also see:

 

6. Why don’t courts reclassify holdover tenants as squatters?

Courts care about how possession started, not how untenable a situation becomes. Since the landlord voluntarily gave possession at the start, the law requires:

  • Formal Eviction (unlawful detainer)
  • Court Judgment
  • Writ of Possession
  • And NOT police removal for trespassing

Over time, a holdover tenant might shift between types of tenancy, but not into a squatter, such as:

  • Tenant at Sufferance: staying without consent
  • Month-to-Month Tenant: if landlord accepts rent after lease ends
  • Tenant with Renewed Lease: if both parties agree

Accepting rent is a huge deal as it often resets tenancy rights.

When a landlord uses the term “squatter” when referring to a holdover tenant, the person is still legally classified as a tenant, even when:

  • The tenant stopped paying rent
  • The lease expired long ago
  • The tenant refuses to leave

 

7. What is an adverse possession?

Adverse possession is a legal doctrine that allows someone who occupies a property that they don’t own to become the eventual legal owner, if they meet very specific requirements for a long period of time. Adverse possession rewards long-term, obvious, unchallenged use of land when the true owner fails to enforce their rights. In short:

If you openly treat land as your own for long enough—and the owner does nothing—the law may transfer ownership to you.

 

8. What is the 30-day squatter law in California?

Under the “30-day squatter rule,” individuals occupying a property for at least 30 days may acquire legal protections similar to those of a formal tenant. Consequently, owners are typically barred from immediate removal and must instead initiate a formal eviction process through the courts.

 

9. What are some examples of famous house squatting cases?

Here are a just a few:

 

10. What is the difference between house squatting and phrogging?

  • Squatting is the open occupation of a vacant or foreclosed property. Squatters may change locks or set up utilities to mimic legal tenancy.
  • Phrogging is a secretive form of trespassing where an intruder lives in an occupied residence—such as in an attic or crawlspace—while the owners are present.

 

11. What are recent state laws that have strengthened homeowner rights against squatters?

Recent anti-squatting laws in the U.S. have surged since 2024, driven by concerns over unauthorized occupants exploiting tenant protections or vacant properties. These laws generally criminalize squatting, enable faster police or sheriff removals, distinguish squatters from legitimate tenants, and reduce reliance on lengthy civil evictions. Many draw from model legislation like the American Legislative Exchange Council’s (ALEC) “Stop Squatters Act.”

Below is a breakdown of key recent laws by state, focusing on major 2024–2025 changes (effective dates noted where available).

  • Alabama: HB 182 (effective June 2024)—provides expedited removal process via owner affidavit to law enforcement, excludes squatters from landlord-tenant protections.
  • Arkansas: HB 1049 (signed March 2025)—criminalizes unlawful squatting, allows law enforcement removal.
  • Florida: HB 621 (signed March 2024, effective July 1, 2024)—criminalizes squatting, allows property owners to request immediate sheriff removal with a sworn complaint, imposes penalties for false lease documents, and protects owners/agents from liability in good-faith removals. Expanded in 2025 with SB 322 for commercial properties.
  • Georgia: HB 1017 (Georgia Squatter Reform Act, signed April 2024, effective 2024)—creates misdemeanor offense of unlawful squatting, empowers faster removals, and requires squatters to prove legal residency quickly or face arrest.
  • Idaho: HB 321 (2025)—enacted anti-squatting measures.
  • Illinois: SB 1563 (signed 2025, effective January 1, 2026)—treats squatting as criminal trespass, allows police removal without full civil eviction process.
  • Indiana: SB 157 (2025)—expedited affidavit/petition removal, often within 48 hours.
  • Kentucky: HB 10 (2025)—expedited procedures.
  • Maryland: SB 46 (2025)—criminalization and removal processes.
  • Mississippi: HB 1200 / SB 2328 (2025)—criminal offenses and removals.
  • Montana: Enacted 2025—tracks model bills for quick intervention.
  • New York: 2025 state budget provision (effective 2025)—clarifies squatters are not tenants (no timeframe grants tenant rights if unauthorized entry), adds squatting to criminal trespass definitions in some bills (e.g., S2366, active but not fully passed). Reduces confusion over 30-day tenant presumption.
  • North Dakota: Related bill (2025)—felony-level criminalization.
  • Tennessee: SB 795 (effective July 2024)—allows law enforcement to remove squatters upon owner request with conditions met.
  • Texas: SB 38 and SB 1333 (signed 2025, effective January 1, 2026)—”rocket docket” for evictions (trials within 10–21 days), streamlines venue/timelines, criminalizes fraudulent leases, and allows immediate removal of unauthorized occupants. Distinguishes squatters from tenants, but has faced criticism for potential renter impacts.
  • Utah: SB 55 (2025)—affidavit-based fast removals.
  • West Virginia: Enacted March 2024 (effective June 2024)—declares squatters are not tenants, enabling quicker removals.
  • Wyoming: SF 0006 (2025)—felony criminalization and police powers.

 

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