Landlords should be able to make money in their sleep. However, landlords can also lose everything if they don’t maintain constant vigilance over their properties. It’s a paradoxical situation, kind of like squatter’s rights. If you own multiple properties or tracts of land, then you must always maintain constant situational awareness over them. Otherwise, a squatter could take it from you. Squatter’s rights are technically legal in all 50 states.
You must understand how a squatter can affect you legally as a landlord or property owner. Depending on where you live, what you don’t know about squatter’s rights can cost you dearly. Squatter’s rights vary according to local municipal, city, and state laws.
Some states are extremely lenient when it comes to giving landlords the right to evict squatters. While all 50 states have variations of squatter’s rights legislation, some are more lenient than others. Here are eight states with the most lenient squatter’s rights laws.
First, let’s discuss the definition of a squatter and how they can be empowered to claim your property or land without paying rent. We’ll also discuss your rights when it comes to squatter eviction and prevention tips..
What Are Squatters’ Rights?
Squatter’s rights is the colloquial term for “adverse possession.” Adverse possession is a legal holdover of 19th-century America, the 1862 Homestead Act, and American settlers claiming land at will during the Western expansion of the era. In this context, a person could claim property they did not own by proving current and continual possession of that property.
In the modern context, a squatter is an illegal tenant who does not pay rent but is illegally occupying a property. A squatter can legally be deemed a tenant at will depending on how long they have openly inhabited the property, even without the permission of the landlord. In New York City, for example, a person can claim squatter’s rights after 30 days of inhabiting a dwelling illegally.
As long as the squatter can prove they have inhabited the property for a significant amount of time, and paid utilities and taxes for years, then they can’t be removed without an eviction process. While a squatter does not pay rent, being a legal squatter is not free.
The squatter must inhabit the property openly, or not hide their presence, and prevent other squatters from taking it.
Additionally, the longer the squatter has inhabited the dwelling openly, the harder it will be for the landlord to evict them.
Some squatters are not just trying to forfeit paying rent for its own sake. Depending on the state and its laws, a squatter might be able to inherit the property or land they are squatting on.
As long as a squatter understands local laws and spends weeks or months as a tenant at will, a landlord may not be able to evict them. Still, how does one become a squatter? And how do they gain access to your property?
What is a Squatter?
A trespasser or burglar is someone who breaks into and occupies your property. They can be easily removed. A squatter is someone who can prove they are a tenant at will, depending on the length of habitation and local laws, even without the permission of the landlord.
A squatter can be a stranger, a relative, or someone you know. It behooves a squatter to understand how local laws work in their favor. For example, a squatter who is a stranger to the landlord may know the landlord does not visit or maintain the property often.
Some squatters know the landlord and take advantage of the relationship. A squatter could be a relative, former business partner, contractor on the property, or a houseguest refusing to leave. Some squatters are poor, and some are greedy millionaires.
For example, a squatter’s rights showdown took place in early 2024 in New York City. A live-in nurse, Brett Flores, spent a year living with a family to care for a special needs relative. After living there for a year, Flores declared bankruptcy and squatter’s rights. He refuses to leave the family’s $2 million Queen’s home. The legal battle is still ongoing.
In early 2025, a wealthy real estate agent and lawyer, Yael Abraham, was ordered by an Australian judge to vacate two properties in Sydney. Abraham was squatting in two different properties, hoping to inherit the. Abraham is a millionaire who already owns other luxury properties.
A squatter is not always a complete stranger trying to take your property, although that can happen, too. This is not a Blue State vs Red State issue. As long as they have enough local knowledge, patience, and misplaced stubbornness, anyone can be a squatter.
1. New York
New York State may 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 landlord only learned about the squatters because they changed the locks on her first. The legal homeowner was arrested for illegal eviction for changing the locks on the illegal tenants because of squatter’s rights.
2. Washington
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; otherwise, it’s 10 years. Local city laws are more lenient. In Bellevue, Washington, a squatter named Sang Kim recently took over a $2 million 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
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 must file property taxes for at least 5 years and file for a “quiet title,” or legal claim to the property as a legal squatter.
The squatter may also have to aesthetically maintain the property during habitation. They can also take the legal property owner to court.
4. Georgia
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 possesses 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 the 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.
Still, Georgia’s anti-squatters rights bill is progressing slowly. In December 2024, a Georgia homeowner was arrested for trying to move back into her own house after a squatter legally claimed it.
5. Florida
In Florida, squatter’s rights can be enforced if the squatter can prove open habitation on the property for at least seven years. The squatter’s case can be bolstered via the 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
Squatters in Utah can successfully claim property if they can prove open habitation and pay property taxes for at least seven continuous years. It also helps the squatter’s case if they maintain the property and continually beautify and repair it. It also helps the squatter’s legal case if the legal homeowner is negligent with maintenance and does not take prompt legal steps to evict the squatter.
7. Tennessee
There is no such thing as “squatter’s rights laws” in Tennessee. However, the concept still exists via the legal term “adverse possession.”. As long as a squatter lives 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
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 proof of property tax payment or faulty deed paperwork, they can claim legal squatter rights in as little as 36 months.
If squatters openly live on the property, beautify, and maintain it for a decade, they can claim the property.
Proactive Anti-Squatter Tips
If you’re a property owner, especially one who manages multiple homes or leaves a property vacant for extended periods, it’s essential to take proactive steps to safeguard your investment from squatters. Squatters can be difficult—and costly—to remove once they’ve settled in, so prevention is key. Securing your property with proper locks, surveillance cameras, and regular check-ins can deter unwanted occupants. Additionally, staying informed about local laws and promptly addressing any signs of trespassing can help you act quickly before the situation escalates. Below are several effective strategies you can implement right now to reduce the risk of dealing with squatters in the future.
Maintain Your Properties
If you own one or multiple properties, don’t let months or years go by without physically maintaining or visiting them. Install video cameras and motion detectors on your property. The more you neglect and physically ignore your properties, the more you aid potential squatters.
Install Signs, Locks, and Obstacles on Your Property
When applicable, install “Do Not Trespass” signs on your property. Install fences with locks in strategic areas on your property to discourage trespassers. Make sure that the doors, windows, and all entry points to your property have secure locks on them. Why make it easier for a squatter to enter your property?
Limit and Control Home Access to Contractors, Live-In Workers, and Houseguests
Be careful who you invite into your home. Have a lawyer draft ironclad contracts that spell out how long a contractor or live-in employee can stay in your home and under what conditions. Make sure that your lawyer considers local legal loopholes that such employees can potentially use as future squatters.
Be careful who you allow to stay in your home rent-free as a houseguest. If they can prove you gave them oral or written permission to stay for an indeterminate period of time, you might cause your own future squatter’s rights issues.
Act Immediately If a Squatter Affirms Themselves
Contact a lawyer the moment you learn a squatter is on your property. The longer you wait to evict a squatter, the more you help them legally.
Get Landlord Insurance
Landlord insurance protects landlords against the costs of property damage, liability claims, loss of rent income due to legal issues, and various legal expenses. Such insurance could come in handy in the event you have to deal with a squatter.
Hire Maintenance Staff
Hire maintenance staff to visit your properties regualrly. If you own several properties then hiring maintenance staff is probably your best option. You can’t be in multiple places at once. A maintenance staff will help you keep consant situational awareness of your properties.
Protect Yourself Against Squatter’s Rights
If a squatter legally claims squatter’s rights on your property, don’t act rashly. Depending on your local laws, you may not be able to remove them or turn off utilities. You might get into legal trouble attempting to do so. Call the police and don’t interact with the squatter. Consult a lawyer and initiate the eviction process as soon as possible.
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