Squatters’ rights and adverse possession in Alabama often catch property owners off guard and pose a significant threat to landlords. Just imagine an unauthorized occupant moving into a vacant Birmingham rental and refusing to leave, resulting in months of unpaid utility bills, property damage, and costly delays.
We’re here to break down these legal concepts for landlords. Keep reading to learn how Alabama defines squatters, the requirements for adverse possession, and a few practical steps landlords can take to protect their properties from squatters and other unlawful residents.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. Because squatters lack legal authorization, they don’t receive the tenant protections afforded to renters. However, they do have certain rights, complicating the removal process for landlords.
Picture a vacant Montgomery single-family home, where someone enters through an unlocked door, settles in, and begins receiving mail. The occupant does not pay rent, does not sign any documents, and ignores the landlord’s requests to leave. These factors make this person a squatter under Alabama law.
Key Differences Between Squatters and Trespassers
Knowing the difference between squatters and trespassers keeps landlords on the right side of the law. You can learn more at TenantCloud, but here’s an overview:
Squatters
- Reside on a property over time without the owner’s consent
- Attempt to establish a right to ownership or long-term occupancy
- Force landlords to follow a formal eviction process instead of immediate removal
Trespassers
- Enter property without permission, but usually leave shortly after
- Do not attempt to claim property ownership or long-term occupancy rights
- Alabama law enforcement can remove trespassers right away
Squatters settle in and pursue legal rights, while trespassers only make brief, unauthorized entries. That difference determines whether Alabama landlords must file for eviction or can remove the unauthorized occupant immediately with help from law enforcement.
What are squatters’ rights?
Squatters’ rights in Alabama refer to the limited legal protections that an unauthorized occupant can gain from occupying property long-term without the owner’s permission. These claims originate in adverse possession laws rather than a legal tenancy.
In Alabama, like the rest of the country, squatters’ rights pose real problems for landlords. These laws create a significant barrier to removal, leading to lengthy delays and months of lost income. However, acting quickly and monitoring vacant properties can help prevent squatters from gaining a foothold.
Can a squatter actually claim legal rights to a property?
Although it sounds unfathomable, squatters can claim legal rights to property in Alabama under specific circumstances. The process demands strict proof and long timelines, though, so landlords who secure vacant properties and document ownership can easily stop squatters in their tracks.
Adverse Possession Laws in Alabama
Adverse possession in Alabama provides a legal means for a squatter to acquire title to property after a period of unauthorized residence. First, though, the squatter’s residence must meet these conditions:
Actual: The squatter must use the property as an owner would, such as by living there, maintaining the property, or making visible improvements.
Open and notorious: The squatter must occupy the property openly enough that a reasonable owner and/or neighbors could notice.
Hostile: The squatter must act against the original owner’s rights and control the property without permission.
Exclusive: The squatter must hold the property alone and keep out all others, including the owner and other squatters.
Uninterrupted: The squatter must maintain continuous possession for 20 years under Alabama common law, or 10 years if the squatter holds color of title, pays property taxes, or claims through descent.
Supporting law: Ala. Code § 6-5-200, Kenneth ZADNICHEK et al. v. Jimmie FIDLER et al.
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Alabama, a squatter must occupy a property continuously for at least 20 years. If the squatter meets other statutory conditions, such as holding color of title or paying property taxes, then they may claim adverse possession after just 10 years.
It’s important to note, though, that an absence or eviction will reset the clock and restart these timelines. A squatter who occupies a vacant home in Mobile for 9 years, then leaves for several months before returning, cannot successfully claim adverse possession.
Supporting law: Ala. Code § 6-5-200, Kenneth ZADNICHEK et al. v. Jimmie FIDLER et al.
Does the squatter need to have color of title to claim adverse possession?
Color of title refers to a written document that appears to grant ownership but contains a legal defect that prevents an actual transfer of title. For example, a squatter might receive an improperly recorded deed after purchasing an Auburn home from a fraudulent seller, which would be considered a color of title.
Alabama squatters do not necessarily need a color of title document to claim adverse possession. Without it, they must meet a 20-year occupancy time requirement. If the squatter holds a color of title and pays property taxes, though, the period shortens to 10 years.
Supporting law: Ala. Code § 6-5-200
Does the squatter have to pay property taxes for adverse possession in Alabama?
Many states require squatters to pay property taxes as part of an adverse possession claim. Alabama, on the other hand, does not strictly require squatters to pay property taxes except in certain circumstances. You can learn more about Alabama property taxes at TurboTenant.
In Alabama, paying property taxes does not automatically grant ownership, but doing so can shorten the occupancy time requirement to 10 years when combined with color of title. Landlords should always stay current on tax payments to avoid ownership disputes, liens or foreclosures.
Supporting law: Ala. Code § 6-5-200
How to Legally Remove Squatters from Your Property
If you’re a landlord in Alabama and you discover an unauthorized resident on your property, you’ll have to follow these steps for a successful removal:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Consider negotiating directly with the squatter only if you feel safe to do so. Offering moving assistance, setting a specific move-out date, or suggesting a cash-for-keys agreement can help Alabama landlords avoid lengthy, stressful eviction proceedings and regain possession of their properties more quickly.
Important: Never attempt self-help eviction methods, such as utility shutoffs or changing the locks. This practice is illegal nationwide and can result in fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement to visit the property and speak directly with the occupant. Officers may classify the person as a trespasser rather than a squatter. If so, law enforcement can remove the occupant right away and restore possession to the landlord without an eviction.
Step 3: Serve the Squatter a 7-Day Notice to Quit
In the event that law enforcement can’t remove the squatter, you’ll need to treat the situation like an eviction. You’ll start the process by serving a 7-Day Notice to Quit, which asks the squatter to leave the property within a week or face eviction proceedings.
Step 4: File an Unlawful Detainer Complaint Against the Squatter
If the notice deadline passes and the squatter still occupies your property, file an Unlawful Detainer complaint in the Alabama district court of your rental property. This action officially starts the Alabama eviction process and sets a court hearing date for you and the squatter.
Step 5: Present Your Case in Front of a Judge
On the day of your court hearing, present strong evidence to prove your rightful ownership and the squatter’s unlawful residence. You should bring documentation such as:
- Property tax payment records
- An official title or deed showing your ownership
- Photos or videos of unauthorized occupancy
- Records of attempts to convince the squatter to leave
The squatter will also have time to present their case. They may provide a color of title, records of property tax payments, or other proof of long-term possession. Judges will weigh both arguments carefully, making strong documentation crucial to proving ownership.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
If the judge rules in your favor, the court enters a judgment for possession. Next, you’ll apply for a Writ of Possession, which authorizes the sheriff to physically remove the squatter from your property. Under Alabama law, only the sheriff can execute the Writ.
Alabama courts may allow the squatter 7 days to appeal the judgment, and you typically cannot request a Writ of Possession until this window closes. Keep a close eye on your property and be ready to apply for the Writ as soon as possible.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession in hand, the sheriff can physically remove the squatter from your property. Should the squatter leave anything behind, you will have to store their abandoned personal belongings for 14 days and attempt to notify the squatter via Certified Mail before disposal.
Once your property is back in your possession, change the locks and post No Trespassing signs. Strong security will help you protect yourself and your rentals.
With the removal process complete, let’s move on to some other practical tips to help keep squatters off of your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from settling in your property in the first place. Make sure you use consistent oversight and follow smart prevention habits like these:
Inspect the property regularly: Visit vacant properties often to check for signs of unauthorized entry or occupation. Frequent inspections show active ownership, discouraging squatters who might think they can move in without you noticing.
Install security cameras: Post visible, working security cameras at entrances and common areas to deter unauthorized access. Recorded footage can also serve as valuable evidence if anyone attempts to enter your property unlawfully.
Act quickly against trespassers: If you spot signs of unauthorized occupancy, respond immediately and contact law enforcement for removal. This prevents trespassers from settling in and gaining squatters’ rights.
Secure all entry points: Lock doors and windows, ensure access points like garage doors are closed, and install fences and gates as needed. Physical barriers to entry discourage squatters, who typically look for easy targets.
Maintain the property: Don’t wait to mow the lawn, make exterior repairs, or collect mail if your rental is vacant. Squatters looking for abandoned properties will likely avoid places that look lived-in.
Fill vacancies quickly: Short vacancy periods limit squatters’ opportunities. List empty rentals promptly using tools like TurboTenant’s rental advertising, which will help you attract qualified renters faster by posting listings across dozens of rental websites.
Screen future tenants thoroughly: Landlords should always verify a potential tenant’s income, run a background check, and check for any prior evictions before signing a new lease. Detailed tenant screening can help you avoid future evictions or squatting.
Strong prevention habits will help you close the door on squatters early. With those basics covered, let’s go over how you can reinforce long-term protection strategies.
Digital Tools to Help Landlords Thwart Squatters
Landlords can manage squatters’ rights and adverse possession in Alabama confidently with solid preparation, documentation, and the right tools.
Reliable property management software like TurboTenant can help you track vacancies, monitor activity on your property, and respond quickly to squatters and other issues.
Create your free account today with TurboTenant to protect your Alabama property and streamline your rental management.
FAQs: Squatters’ Rights & Adverse Possession Laws in Alabama
How long does it take a squatter to claim property rights in Alabama?
In Alabama, a squatter must occupy property continuously for 20 years under common law to claim adverse possession. The timeline shortens to 10 years only if the squatter holds a color of title and pays property taxes in addition to meeting all other requirements.
Can landlords remove squatters legally without taking legal action?
Generally, landlords cannot remove squatters without legal action. If law enforcement classifies an unauthorized occupant as a trespasser rather than a squatter, then immediate removal is permitted. Otherwise, landlords must follow the Alabama eviction process to remove squatters and regain possession of their properties.
What’s the difference between a squatter and a holdover tenant?
A squatter never had permission to occupy a property and lacks a lease and tenant rights. Meanwhile, a holdover tenant initially rented the property, but stayed after the lease ended. Under Alabama law, landlords must take slightly different approaches to evicting holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
No. Alabama landlords cannot turn off utilities, change locks, or otherwise force a squatter out themselves. These actions constitute illegal self-help eviction methods and could lead to fines, lawsuits, or dismissal of an eviction case. Landlords must rely on a court-ordered eviction instead.