March 26, 2024
Analysis: Are Squatters Rights Just Tenant Rights By Another Name?
The concept of squatters rights, legally defined as Adverse Possession, has its roots in the doctrine of Manifest Destiny, which was legally established through the Homestead Act of 1862.
The rising tension between homeowners and squatters has been receiving increased attention lately. Typically, squatters will move into unoccupied homes or homes listed for rent, but there have been more reports of squatters occupying already occupied homes and refusing to leave.
As NBC News reports, these tensions are exacerbated by the rising cost of housing in the United States. Lawyers, like Atlanta-based attorney David Metzger, say there has been an explosion in squatter cases since 2023.
Metzger told Realtor.com that part of the reason was the rapid inflation of the cost of housing post-pandemic.
“This is a real problem. It’s not getting the attention it deserves. People came out of COVID lockdowns to find out rents were no longer $800 a month, but $1,800,” Metzger said. “They’d say, ‘I can’t handle that.’”
Metzger called for more enforcement of existing laws and advocated for change.
“The people doing this know there are no legal consequences. They’re not likely to be charged with anything. It’s frustrating because police are very hands-off,” Metzger said, “even though there is no such thing as squatters’ rights.”
Once the police are presented with a lease, even one that is forged, they will usually leave because it is considered a civil case and not a criminal one unless it can be proven that the alleged squatter trespassed to gain entry to the property.
As Arrived explains, adverse possession laws vary by state. Therefore, whatever rights a squatter is conferred is considered null and void once legal action has been taken and a court order has been issued. At this point, the property owner can begin the process of eviction.
If the owner of a home allows the statutory period, anywhere between seven and 20 years, to pass without taking action through civil courts to evict a squatter, the squatter can legally claim ownership of the home or property.
Experts like Coldwell Banker agent Cara Ameer, who is based in Florida, warn that if a squatter does get into your home, the best way to deal with them is to comply with the laws.
This means not confronting them yourself, Ameer told Realtor.com, “Unfortunately, it is a legal game to play, and you want to comply with what is required by the law to ensure a successful outcome. Don’t confront them or try to turn off utilities.”
In 2018, Philadelphia enacted an anti-squatting law, which received criticism because of potential adverse effects on renters, whom modern adverse possession laws are designed to protect.
Ahead of the law’s passing, the Public Interest Law Center cited several reasons why Philadelphia’s proposed bill presented a danger, including situations where there are allegations of domestic violence.
As WHYY reported, the bill became law in 2018, and then-city councilwoman Cherelle Parker introduced a measure to narrow the law’s focus to prevent homeowners and renters from being negatively impacted. The version of the bill that passed also included protections for domestic abuse, stalking, or sexual harassment victims.
Parker, like Metzger, said that squatters’ rights do not exist, and she defended her measure to clarify the bill in a November 2018 city council meeting.
Though there is a lot of noise around “squatter’s rights” and some sensationalism, including from right-wing voices, squatter’s rights are enforced the same as tenant rights are, which Arrived points out in its blog post.
“The adverse reaction of a property owner when the presence of squatters is discovered is understandable. The owner must remember that neither the people nor their possessions can be removed from the property without a court order. Squatters need to be evicted, much like tenants. The civil procedures for eviction must be followed according to the laws and the rules established by the state where the property is located.”