Owning properties comes with many responsibilities, including protecting your investment from unwanted occupants. While this may seem like an unlikely scenario, any property can fall victim to squatters, especially if you don’t visit your property often. Regardless, it’s important to understand squatter’s rights and how to prevent issues in your rental properties. So, read along as we review why squatters have rights, what they are, and how to legally remove them from your property.
Contents of This Article:
- What Is a Squatter and Why Do They Have Rights?
- What Are Squatter’s Rights?
- How to Get Rid of Squatters in Your Property
- Protect Yourself Against Squatters in VA
What Is a Squatter and Why Do They Have Rights?
A squatter is someone who occupies a property without the owner’s permission. Unlike tenants, who have a lease or rental agreement, squatters typically remain in a property for an extended period of time, sometimes openly, without permission. For instance, they may move into vacant homes, abandoned buildings, or even rental units where they once lived legally but failed to leave once the lease ended.
Yes, it sounds weird, but squatters do have rights. While you may think that squatters are simply trespassers and should be charged immediately with a crime, they often fall under civil property laws. Unfortunately, this can make removing them from the property a long and complex process.
Essentially, squatters have rights under what’s called adverse possession laws. So, for example, if an owner abandons a property and someone else cares for it, pays taxes, and treats it as their own for a certain number of years, a squatter can claim possession. This is why Northern Virginia property management companies stress the importance of routine inspections and property oversight.
What Are Squatter’s Rights?
Squatter’s rights are the legal protections given to individuals who occupy property without the owner’s permission. This is known as adverse possession, which allows a person to claim ownership of land, only if they use it openly, continuously, and without challenge for a certain period of time.
While it may seem odd, the purpose of squatter’s rights isn’t to reward trespassers, but to ensure land is used productively and that owners actively manage their property. That said, laws vary by state, but in most cases, squatters must meet several conditions to claim adverse possession. In the state of Virginia, some of those conditions include:
- Actual Possession- The squatter must physically use the property, such as living there or making improvements, as if they were the owner.
- Continuous Possession- The occupation must be uninterrupted for at least 15 years under Virginia law. That said, any break in possession can reset the clock.
- Exclusive Possession- The squatter must act as the sole owner, not sharing possession with strangers, tenants, or even the legal owner.
- Open & Notorious Possession- The use of the property cannot be hidden. It must be obvious enough that the rightful owner could reasonably notice that someone else is occupying it.
- Hostile Claim- The possession must be without the owner’s permission. “Hostile”, in this case, doesn’t mean aggressive. It means that the squatter is occupying the property against the owner’s interests or rights.
How to Get Rid of Squatters in Your Property
If you find squatters in your property, it may be tempting to try to remove them yourself. However, “self-help” evictions that involve changing the locks, shutting off utilities, or removing someone else’s belongings can land you in some serious legal trouble. That said, here are some of the steps you’ll want to take to get rid of squatters in your property.
- Call the Police First
- Serve a Formal Eviction Notice
- File an Eviction Lawsuit
- Obtain a Court Order and Enforce Removal
- Secure and Maintain Your Property
Call the Police First
The first thing you’ll want to do is contact your local law enforcement. If the person is a trespasser, the police may be able to remove them immediately. However, if the individual claims tenant rights or presents documents, you’ll likely need to move forward with a civil eviction process instead.
Serve a Formal Eviction Notice
If police are unable to remove the squatter, you’ll need to serve them with a formal eviction notice. This just informs them that they must leave the property within a certain number of days. This process is a crucial legal requirement before you can proceed with court action.
File an Eviction Lawsuit
If the squatter refuses to leave after the eviction notice expires, the next step is to file an unlawful detainer (eviction) lawsuit in your local court. This allows a judge to review the case and determine who has the legal right to remain on the property. That said, without a court order, you cannot legally force them out.
Obtain a Court Order and Enforce Removal
Once the court rules in your favor, you’ll receive a writ of possession. This legal order authorizes law enforcement to remove the squatter. Remember, the last thing you want to do during this time is try to remove the individual yourself, as you can end up in legal trouble.
Secure and Maintain Your Property
After the squatter has been removed, it’s important to take preventive steps to stop it from happening again. This is the time to install new locks, consider adding security cameras, and make sure the property is well-maintained. Regular check-ins, or hiring a property manager, can help reduce the chance that squatters will target your property in the future.
Protect Yourself Against Squatters in VA
Squatter’s rights can be complicated, but knowing the law surrounding wanted occupants can help you protect your property. In Virginia, landlords should regularly inspect properties, take proactive security measures, and act quickly if they suspect unauthorized guests.
If you find yourself too busy to manage your rental properties, hiring Professional Property Management in Northern Virginia can help. Having a team of property management professionals on your side can help assure your properties and tenants are well-taken care of, 24/7. Contact PPM today to learn more about our comprehensive services.