Squatters Rights In The U.S. Per State: Every HOA Should Know This

Believe it or not, squatters do have rights, depending on which state the property is located in. Understanding the different squatters’ rights in the U.S. is critical to both landlords and tenants. Landlords can know how to navigate eviction without infringing on squatters’ rights. Meanwhile, tenants or squatters can protect their rights.

 

Why do Squatters Have Rights?

It may seem silly to give squatters rights. After all, they violate the law and stay on property illegally.

However, squatters rights exist because some people buy land and never use it. This land then goes on to deteriorate, with property taxes going unpaid. Squatters can assume maintenance responsibility, taking care of the land and ensuring it remains in good condition. These squatters can also assume the obligation of paying property taxes.

By giving squatters rights, the government indirectly encourages landowners to maintain and monitor their properties. In other words, squatters’ rights ensure the efficient use of land.

 

What are the Squatters’ Rights in the U.S. Per State?

Squatters are a real problem for many communities. To know how to deal with them, it’s crucial to learn the varying rights of squatters by state. Before anything else, a few key terms must be defined.

• Adverse Possession. Squatters trying to own a property must prove that they have resided on the property for a certain amount of time.
• Holdover Tenants. These are tenants whose leases have expired but remained on the property afterward. Landlords may give holdover tenants a notice to quit for nonpayment with eviction proceedings commencing following the statutory period.
• Unknown Persons. These are squatters or unwanted people living on the property. The squatters will turn into month-to-month tenants (with a tenancy-at-will). To evict them, landlords must usually give 30 days notice.

Here are the different squatters’ rights in the U.S. per state.

 

Alabama

Here are the squatters rights in Alabama.

Adverse Possession: Squatters must reside and pay property taxes for 10 years as per Section 6-5-200. Squatters may also obtain ownership for general possession of at least 20 years according to Bradley v. Demos, 599 So. 2d 1148 (Ala. 1992).

Holdover Tenants: Issue a 7-day notice to quit as per Section 35-9A-421.

Unknown Persons: Issue a 30-day notice as per Section 35-9A-441.

 

Alaska

Here are the squatting laws in Alaska.

Adverse Possession: Squatters need the color of title and must occupy the land continuously for 7 years or more within a 10-year period as per AS 09.45.052. Paying property taxes for 10 years can also serve as proof as per AS 09.10.030.

Holdover Tenants: Issue a 7-day notice to quit as per AS 34.03.220.

Unknown Persons: Issue a 30-day notice AS 34.03.290.

 

Arizona

Here is the squatters law in Arizona.

Adverse Possession: Squatters can claim adverse possession after 3 years if the squatter has paid taxes (ARS Section 12-523) or after 10 years of uninterrupted possession (ARS Section 12-526).

Holdover Tenants: Issue a 5-day notice to pay or vacate as per ARS Section 33-1368.

Unknown Persons: Issue a 30-day notice as per ARS Section 33-1375.

 

Arkansas

Here are the squatters rights in Arkansas.

Adverse Possession: Squatters need the color of title and 7 years of tax payments on the property or adjacent land as per AR Section 18-11-106.

Holdover Tenants: Issue a 3-day notice to quit as per A.C.A 18-60-304.

Unknown Persons: Issue a 30-day notice as per AR Section 18-17-704.

 

California

Here are the squatting laws in California.

Adverse Possession: Squatters must live on the property and pay taxes for 5 years to claim adverse possession (Cal. Civ. Proc. Code Section 325).

Holdover Tenants: Issue a 3-day notice to quit as per Cal. Civ. Proc. Code Section 1161(2).

Unknown Persons: Issue a 30-day notice as per CA Code 1946.1.

 

Colorado

Here is the squatters law in Colorado.

Adverse Possession: Squatters can claim adverse possession after 18 years of occupancy or 7 years with the color of title and tax payments. This is according to Colo. Rev. Stat. Section 38-41-101 and 38-41-108.

Holdover Tenants: Issue a 10-day notice to quit as per C.R.S. 13-40-104.

Unknown Persons: The notice period can vary depending on the duration of occupation.

 

Connecticut

Here are the squatters rights in Connecticut.

Adverse Possession: Squatters can claim adverse possession after 15 years of continuous occupation as per Conn. Gen. Stat. Ann. Section 52-575.

Holdover Tenants: Issue a 3-day notice to quit as per Section 47a-23.

Unknown Persons: Issue a minimum 3-day notice as per Section 47a-23.

 

Delaware

Here are the squatting laws in Delaware.

Adverse Possession: Adverse possession requires living on the property for at least 20 years as per Del. Code Ann. tit. 10 Section 7901.

Holdover Tenants: Issue a 5-day notice to quit as per Title 25 Section 5502.

Unknown Persons: Issue a 60-day notice as per Section 5106.

 

Florida

Here is the squatters law in Florida.

Adverse Possession: Squatters can claim adverse possession after 7 years of continuous occupation with either the color of title or tax payments (Fla. Stat. Ann. Section 95.16).

Holdover Tenants: Issue a 3-day notice to quit as per Section 83.56.

Unknown Persons: Issue a 15-day notice as per Section 83.57.

 

Georgia

Here are the squatters rights in Georgia.

Adverse Possession: A squatter must have exclusive possession for 20 years to claim adverse possession (Ga. Code Ann. Section 44-5-14).

Holdover Tenants: Issue a 3-day notice to quit as per Section 44-7-50.

Unknown Persons: Issue a 60-day notice Section 44-7-7.

 

Hawaii

Here are the squatting laws in Hawaii.

Adverse Possession: Squatters may claim adverse possession after 20 years of continuous residence (Haw. Rev. Stat. Section 657-31).

Holdover Tenants: Issue a 5-day notice to quit as per Section 521-68.

Unknown Persons: Issue a 45-day notice as per Section 521-71.

 

Idaho

Here is the squatters law in Idaho.

Adverse Possession: Squatters must pay taxes and either enclose or continuously improve the property for 20 years as per Idaho Code Section 5-210.

Holdover Tenants: Issue a 3-day notice to quit as per Section 6-303.

Unknown Persons: Issue a 30-day notice as per Section 55-208.

 

Illinois

Here are the squatters rights in Illinois.

Adverse Possession: Adverse possession requires 20 years of occupancy with the color of title or 7 years with tax payments (735 ILCS 5/13-101, Section 13-109).

Holdover Tenants: Issue a 5-day notice to quit as per 735 ILCS 5/9-209.

Unknown Persons: Issue a 30-day notice as per Section 735 ILCS 5/9-207.

 

Indiana

Here are the squatting laws in Indiana.

Adverse Possession: Squatters must live on the property for 10 years and pay taxes to claim adverse possession (Section 32-21-7-1, Section 34-11-1-2).

Holdover Tenants: Issue a 10-day notice to quit as per IC Section 32-31-1-6.

Unknown Persons: Issue a 30-day notice as per IC Section 32-31-1-1.

 

Iowa

Here is the squatters law in Iowa.

Adverse Possession: Squatters can claim adverse possession after 10 years of continuous occupancy as per Iowa Code Ann. Section 614.17A.

Holdover Tenants: Issue a 3-day notice to quit as per Section 562A.27.

Unknown Persons: Issue a 30-day notice as per Section 562A.34.

 

Kansas

Here are the squatters rights in Kansas.

Adverse Possession: Squatters must live on the property for 15 years to claim adverse possession as per Kan. Stat. Ann. Section 60-503.

Holdover Tenants: Issue a 5-day notice to quit as per Section 58-2564.

Unknown Persons: Issue a 30-day notice as per Section 58-2570.

 

Kentucky

Here are the squatting laws in Kentucky.

Adverse Possession: Squatters must live on the property for 15 years or 7 years with the color of title as per Ky. Rev. Stat. Section 413.010 and Section 413.060.

Holdover Tenants: Issue a 7-day notice to quit as per Section 383.660.

Unknown Persons: Issue a 30-day notice as per Section 383.695.

 

Louisiana

Here is the squatters law in Louisiana.

Adverse Possession: Squatters can claim adverse possession after 30 years of continuous occupancy or 10 years with the color of title (Louisiana Civil Code Section 3486, Section 3475).

Holdover Tenants: Issue a 5-day notice to quit as per Section 4701.

Unknown Persons: Issue a 10-day notice as per Section 2728.

 

Maine

Here are the squatters rights in Maine.

Adverse Possession: Squatters need to live on the property for 20 years to claim adverse possession as per Me. Rev. Stat. tit. 14, Section 801.

Holdover Tenants: Issue a 7-day notice to quit as per Title 14 Section 6002.

Unknown Persons: Issue a 30-day notice as per Title 14 Section 6002.

 

Maryland

Here are the squatting laws in Maryland.

Adverse Possession: Squatters can claim adverse possession after 20 years of continuous occupation as per Section 5-103.

Holdover Tenants: Issue an immediate notice to quit as per Section 8-401.

Unknown Persons: Issue a 30-day notice as per Section 8-402.

 

Massachusetts

Here is the squatters law in Massachusetts.

Adverse Possession: Squatters must continually occupy the property for 20 years to claim adverse possession (Mass. Gen. Laws Ann. Ch. 260 Section 21).

Holdover Tenants: Issue a 14-day notice to quit as per Chapter 186, Section 11.

Unknown Persons: Issue a 30-day notice as per Chapter 186, Section 12.

 

Michigan

Here are the squatters rights in Michigan.

Adverse Possession: Adverse possession requires 15 years of exclusive, uninterrupted possession as per Section 600.5801.

Holdover Tenants: Issue a 7-day notice to quit as per Section 554.134.

Unknown Persons: Issue a 30-day notice as per Section 554.134.

 

Minnesota

Here are the squatting laws in Minnesota.

Adverse Possession: Squatters must live on the property and pay taxes for 15 years to claim adverse possession as per Section 541.02.

Holdover Tenants: Issue a 14-day notice to quit as per Section 504B.135.

Unknown Persons: Issue a 30-day notice as per Section 504B.135.

 

Mississippi

Here is the squatters law in Mississippi.

Adverse Possession: Squatters can claim adverse possession after 10 years of uninterrupted occupancy as per Section 15-1-13.

Holdover Tenants: Issue a 3-day notice to quit as per Section 89-7-27.

Unknown Persons: Issue a 30-day notice as per Section 89-8-19.

 

Missouri

Here are the squatters rights in Missouri.

Adverse Possession: Squatters must occupy the property for at least 10 years to claim adverse possession as per Section 516.010.

Holdover Tenants: Issue a notice to quit as per Section 535.060.

Unknown Persons: Issue a 30-day notice as per Section 441.060.

 

Montana

Here are the squatting laws in Montana.

Adverse Possession: Squatters must live on the property and pay taxes for at least 5 years to claim adverse possession (Mont. Code Ann. Section 70-19-411).

Holdover Tenants: Issue a 3-day notice to quit as per Section 70-24-422.

Unknown Persons: Issue a 30-day notice as per Section 70-24-441.

 

Nebraska

Here is the squatters law in Nebraska.

Adverse Possession: Adverse possession requires 10 years of uninterrupted occupancy as per Neb. Rev. Stat. Section 25-202.

Holdover Tenants: Issue a 7-day notice to quit as per Section 76-1431(4).

Unknown Persons: Issue a 30-day notice as per Section 76-1437.

 

Nevada

Here are the squatters rights in Nevada.

Adverse Possession: Squatters must live on the property for 15 years or, with the color of title and tax payments, for 5 years (NRS 40.090, NRS 11.110, NRS 11.150).

Holdover Tenants: Issue a 5-day notice to quit as per NRS 40.2512.

Unknown Persons: Issue a 30-day notice as per NRS 40.251.

 

New Hampshire

Here are the squatting laws in New Hampshire.

Adverse Possession: Squatters can claim adverse possession after 20 years of continuous occupancy as per Section 508:2.

Holdover Tenants: Issue a 7-day notice to quit as per Section 540:3.

Unknown Persons: Issue a 30-day notice as per Section 540:2.

 

New Jersey

Here is the squatters law in New Jersey.

Adverse Possession: Squatters may claim adverse possession after 30 years of continuous occupation as per Section 2A:14-30.

Holdover Tenants: Issue a notice to quit as per Section 2A:18-61.2.

Unknown Persons: Issue a 30-day notice as per Section 2A:18-56.

 

New Mexico

Here are the squatters rights in New Mexico.

Adverse Possession: Squatters can claim adverse possession after living on the property for 10 years with the color of title (NM Stat. Ann. Section 37-1-22).

Holdover Tenants: Issue a 3-day notice to quit as per Section 47-8-33.

Unknown Persons: Issue a 30-day notice as per Section 47-8-37.

 

New York

Here are the squatting laws in New York.

Adverse Possession: Squatters can claim adverse possession after 10 years of uninterrupted occupation as per Section 501, 511.

Holdover Tenants: Issue a 14-day notice to quit as per Section 711.

Unknown Persons: Issue a 30-day notice as per Section 232-b.

 

North Carolina

Here is the squatters law in North Carolina.

Adverse Possession: Squatters need to occupy the property for 20 years or for 7 years with the color of title to claim adverse possession as per Section 1-40 and Section 1-38.

Holdover Tenants: Issue a 10-day notice to quit as per Section 42-3.

Unknown Persons: Issue a 7-day notice as per Section 42-14.

 

North Dakota

Here are the squatters rights in North Dakota.

Adverse Possession: Squatters can claim adverse possession after 20 years of uninterrupted occupancy or 7 years with the color of title (Section 28-01-04, Section 47-06-03).

Holdover Tenants: Issue a 3-day notice to quit as per Section 47-32.

Unknown Persons: Issue a 30-day notice as per Section 47-16-15.

 

Ohio

Here are the squatting laws in Ohio.

Adverse Possession: Squatters can claim adverse possession after 21 years of continuous occupation as per Ohio Rev. Code Ann. Section 2305.04.

Holdover Tenants: Issue a 3-day notice to quit as per Section 1923.02 and Section 1923.04.

Unknown Persons: Issue a 30-day notice as per Section 5321.17.

 

Oklahoma

Here is the squatters law in Oklahoma.

Adverse Possession: Squatters can claim adverse possesion after 15 years of continuous occupation as per OK Stat Section 12-93.

Holdover Tenants: Issue a 5-day notice to quit as per Section 41-131.

Unknown Persons: Issue a 30-day notice as per Section 41-111.

 

Oregon

Here are the squatters rights in Oregon.

Adverse Possession: Squatters must occupy the property for 10 years to claim adverse possession (ORS Section 105.620).

Holdover Tenants: Issue a 10/13-day notice to quit as per Section 90.394.

Unknown Persons: Issue a 30-day notice as per Section 90.427.

 

Pennsylvania

Here are the squatting laws in Pennsylvania.

Adverse Possession: Squatters can claim adverse possession after 21 years of continuous occupation (42 PA Cons Stat Section 5530).

Holdover Tenants: Issue a 10-day notice to quit as per Section 250.501.

Unknown Persons: Issue a 15-day notice as per Section 250.501.

 

Rhode Island

Here is the squatters law in Rhode Island.

Adverse Possession: Squatters can claim adverse possession after 10 years of continuous occupancy as per Section 34-7-1.

Holdover Tenants: Issue a 5-day notice to quit as per Section 34-18-35.

Unknown Persons: Issue a 30-day notice as per Section 34-18-37.

 

South Carolina

Here are the squatters rights in South Carolina.

Adverse Possession: Squatters need 10 years of continuous occupancy to claim adverse possession as per SC Code Section 15-67-210.

Holdover Tenants: Issue a 5-day notice to quit as per Section 27-40-710.

Unknown Persons: Issue a 30-day notice as per Section 27-40-770.

 

South Dakota

Here are the squatting laws in South Dakota.

Adverse Possession: Squatters can claim adverse possession after 20 years of occupancy or 10 years with the color of title and tax payments (Section 15-3-1, Section 15-3-15).

Holdover Tenants: Issue a notice to quit as per Section 21-16-2.

Unknown Persons: Issue a 30-day notice as per Section 43-8-8.

 

Tennessee

Here is the squatters law in Tennessee.

Adverse Possession: Squatters can claim adverse possession after 7 years of continuous occupancy with the color of title as per Section 28-2-101.

Holdover Tenants: Issue a 14-day notice to quit as per Section 66-28-505.

Unknown Persons: Issue a 30-day notice as per Section 66-28-512.

 

Texas

Here are the squatters rights in Texas.

Adverse Possession: Squatters can claim adverse possession after 10 years or 5 years with the color of title and tax payments (Section 16.026, Section 16.025, and Section 16.030).

Holdover Tenants: Issue a 3-day notice to quit as per Section 24.005.

Unknown Persons: Issue a 30-day notice as per Section 91.001.

 

Utah

Here are the squatting laws in Utah.

Adverse Possession: Squatters can claim ownership after 7 years of occupancy and tax payments as per Section 78B-2-208.

Holdover Tenants: Issue a 3-day notice to quit as per Section 78B-6-802.

Unknown Persons: Issue a 15-day notice as per Section 78B-6-802.

 

Vermont

Here is the squatters law in Vermont.

Adverse Possession: Squatters must live on the property for 15 years to claim adverse possession as per VSA Section 501.

Holdover Tenants: Issue a 14-day notice to quit as per Section 4467.

Unknown Persons: Issue a 60-day notice as per Section 4467.

 

Virginia

Here are the squatters rights in Virginia.

Adverse Possession: Squatters can claim adverse possession after 15 years of continuous occupation as per Virginia Code Section 8.01-236.

Holdover Tenants: Issue a 14-day notice to quit as per Section 55.1-1245.

Unknown Persons: Issue a 30-day notice as per Section 55.1-1253.

 

Washington

Here are the squatting laws in Washington.

Adverse Possession: Squatters can claim adverse possession after 10 years or 7 years with the color of title and tax payments (RCW 4.16.020, RCW 7.28.050).

Holdover Tenants: Issue a 14-day notice to quit as per Section 59.12.030.

Unknown Persons: Issue a 20-day notice as per Section 59.18.200.

 

West Virginia

Here is the squatters law in West Virginia.

Adverse Possession: Squatters can claim adverse possession after 10 years of continuous occupation as per Section 55-2-1.

Holdover Tenants: Issue an immediate notice to quit as per Section 55-3A-1.

Unknown Persons: Issue a 30-day notice as per Section 37-6-5.

 

Wisconsin

Here are the squatters rights in Wisconsin.

Adverse Possession: Squatters must live on the property for 20 years, or for 10 years with the color of title, or 7 years while paying taxes to claim adverse possession. This is according to Wis. Stat. Ann. Section 893.25 to 893.27.

Holdover Tenants: Issue a 5-day notice to quit as per Section 704.17.

Unknown Persons: Issue a 28-day notice as per Section 704.19.

 

Wyoming

Here are the squatting laws in Wyoming.

Adverse Possession: Squatters can claim adverse possession after 10 years of continuous occupancy as per Section 1-3-103.

Holdover Tenants: Issue a 3-day notice to quit as per Section 1-21-1003.

Unknown Persons: No law concerning unknown persons, but it is recommended that landlords issue a 30-day notice.

 

Squatters Rights Per State Explained

Squatters have a terrible reputation and can cause a lot of problems for landlords. However, it is important to learn how to deal with them properly. The first step to doing that is to understand the different squatters rights per state.

An HOA management company can help communities sort out their squatter problem. Start looking for one in your area using our online directory!

 

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