Squatters’ rights and adverse possession in Iowa often catch landlords by surprise. Imagine someone moving into an unoccupied home in Des Moines and claiming it for their own, leading to months of lost rental income and property damage. A simple vacancy can quickly turn into a headache.
However, it’s not all bad news. With the right strategies and information, landlords can easily fend off squatters and other unauthorized occupants. Keep reading to learn how Iowa defines squatters, how adverse possession works, and the eviction process landlords must follow to protect their properties.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. Squatters don’t sign rental paperwork or pay rent, and under Iowa law, they hold no legal tenant rights, though they may gain certain protections over time (we’ll explore those shortly).
Picture someone moving into a vacant single-family home in Cedar Rapids. They bring in furniture, change the locks, and stay for an extended period. Without the owner’s consent or a lease, that person qualifies as a squatter, not a tenant, under Iowa law.
Key Differences Between Squatters and Trespassers
Landlords must understand the differences between squatters and trespassers, since each requires a different legal response. Learn more at TenantCloud’s guide to squatters vs. trespassers.
Squatters
- Occupy a property for an extended period of time without the owner’s consent
- Try to establish a claim to continued occupancy or even property ownership
- Require landlords to use the formal eviction process instead of quick removal
Trespassers
- Enter a property without permission and leave quickly in most cases
- Do not attempt to pursue ownership or long-term occupancy
- Law enforcement can typically remove them quickly
In short, squatters stay and attempt to claim certain rights, while trespassers enter briefly without making any such claims. The length of the stay and the person’s intent determine whether eviction or immediate removal applies.
What are squatters’ rights?
Squatters’ rights refer to the limited legal protections that unauthorized occupants can gain over time. Squatters’ rights in Iowa do not grant automatic property ownership, but they do complicate the removal process.
Suffice to say, squatters’ rights create real risk for inattentive owners. If a squatter remains on a property, they may even be able to claim ownership via adverse possession. However, landlords who act quickly and follow Iowa’s eviction rules can easily prevent squatters from gaining ground.
Can a squatter actually claim legal rights to a property?
Although it may seem unfathomable, squatters can claim legal rights to a property in Iowa under certain conditions. The process requires strict proof and takes years, though. Landlords who monitor their properties and respond quickly can usually prevent these claims long before they start.
Adverse Possession Laws in Iowa
Adverse possession allows a squatter to acquire legal title to a property by meeting a series of strict conditions over time. Adverse possession in Iowa requires substantial evidence and is the only lawful means by which a non-owner can acquire property rights.
To qualify for adverse possession, the squatter’s residence must be:
Actual: The squatter must use the property as an owner would, such as by living there, performing routine maintenance, and making material improvements.
Open and notorious: The squatter’s residence must be obvious enough for passersby, including the original owner, to see.
Hostile: The squatter must be on the property without the owner’s permission, in a manner hostile to the owner’s rights.
Exclusive: The squatter must live alone on the property and cannot share it with tenants, members of the public, or the original owner.
Uninterrupted: The squatter must occupy the property continuously for 10 years, with no extended absences or breaks.
Supporting law: Iowa Code § 614.1
Occupancy Time Requirements for Adverse Possession
A squatter must occupy a property for 10 continuous years to pursue adverse possession in Iowa. An extended break in possession, abandonment, or a successful eviction would break the continuity requirement and restart the 10-year timer, even if the squatter comes back later.
For example, someone who had been staying in a vacant Dubuque home for 4 years before leaving for months would not meet the occupancy time requirement, and the squatter could not successfully claim adverse possession.
Supporting law: Iowa Code § 614.1
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer ownership but is legally flawed. For example, a squatter might receive a deed to a property from someone who never actually owned the place.
Iowa squatters do not need a color of title to pursue adverse possession, nor does it shorten the 10-year occupancy time requirement. At most, a squatter could use a color of title to support an adverse possession claim in court, but it holds no real legal bearing.
Supporting law: Iowa Code § 614.1
Does the squatter have to pay property taxes for adverse possession in Iowa?
In many states, squatters must pay property taxes to successfully claim adverse possession, but Iowa is not among them.
Like holding a color of title, paying property taxes does not shorten the adverse possession occupancy time requirement, but doing so can strengthen a claim in court. Landlords should always stay current on tax payments to avoid ownership disputes and issues such as liens or foreclosures.
Supporting law: Iowa Code § 614.1
How to Legally Remove Squatters from Your Property
Removing a squatter in Iowa requires landlords to take specific legal steps. If you find an unauthorized resident on your property, here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, speaking directly with the squatter could save you valuable time and money. You could negotiate a cash-for-keys agreement, set a deadline for the squatter to leave, or propose relocation assistance. If the squatter accepts, you can avoid eviction altogether.
Important: Never attempt to force the squatter out by changing the locks, removing their belongings, or turning off utilities. These actions constitute self-help eviction, which is illegal in Iowa and may result in criminal charges, fines, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Alternatively, you could contact local law enforcement and request an on-site visit. Officers can visit your property and speak directly with the occupant to determine whether the occupant qualifies as a trespasser. If so, police can remove them immediately without the need for a formal eviction.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If law enforcement cannot remove the squatter, you must treat them like a tenant and evict them. The process begins by serving a 3-Day Notice to Quit, which provides the squatter with 3 days to voluntarily leave the property before you begin eviction proceedings.
Step 4: File a Forcible Entry and Detainer Action Against the Squatter
If the notice deadline passes and the squatter hasn’t left, you must file a Forcible Entry and Detainer action with the clerk of court in the county where your rental property is located. This officially begins the Iowa eviction process and sets a court date.
Step 5: Present Your Case in Front of a Judge
Present clear evidence in court to support your case. Strong documentation, such as the following, will help convince the judge to rule in your favor:
- Recorded deed to the property in your name
- Records of property tax payments
- Photos or videos documenting the squatter’s unauthorized occupancy
- Witness statements from neighbors and contractors
The squatter will also have time to present evidence, such as a color of title, property tax payment records, or other proof of long-term occupancy. The judge will carefully weigh both sides before issuing a judgment.
Step 6: Obtain a Writ of Removal and Possession, Authorizing Removal of the Squatter
Assuming that the judge rules for you, the court will enter a Judgment for Possession, which allows you to request a Writ of Possession. The Writ of Possession will ultimately grant the local sheriff the authority to complete the eviction and remove the squatter.
After the clerk issues the Writ, you’ll deliver it to the sheriff and schedule the eviction. Iowa law requires the sheriff to execute the Writ within 3 days of judgment, though the squatter can still appeal the decision within 20 days of judgment.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession grants law enforcement the authority to physically remove the squatter from your property. If the squatter leaves behind personal belongings, the best practice is to store them for a reasonable period and send notice before disposal.
Secure the property immediately after the squatter has been removed. Change the locks, post No Trespassing signs, and schedule regular inspections to avoid future squatting issues.
With the removal process complete, you should focus on prevention. Let’s go over a few practical tips to stop squatters before they gain a foothold.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from occurring in the first place. Consistent oversight and fast action reduce risk, so your property doesn’t become a squatter’s next target.
Inspect the property regularly: Visit and walk through your vacant properties frequently to let squatters know you’re keeping an eye on them. You’ll also be able to catch early signs of unauthorized occupancy.
Install security cameras: Place visible, functioning cameras at entry points and in common areas to deter squatters and provide evidence of any unlawful entry.
Act quickly against trespassers: If any unauthorized entry occurs, address it immediately. Law enforcement can easily remove trespassers before the situation escalates to squatting.
Secure all entry points: Lock doors and windows and repair any broken fences. Squatters often target vacant-looking properties with easy access points.
Maintain the property: Keep lawns trimmed, collect your mail frequently, and fix exterior damage promptly. A cared-for property looks occupied, attracting less unwanted attention.
Fill vacancies quickly: Extended vacancies invite squatters and trespassers. Advertise your rental property using services like TurboTenant to minimize downtime between renters.
Screen future tenants thoroughly: Always verify a potential tenant’s identity, rental history, and income before handing over the keys. Strong tenant screening can prevent unauthorized occupants from gaining access.
With prevention strategies in place, landlords can reduce their exposure to squatters. Now, let’s take a look at some final ways to protect yourself and your rentals.
Digital Tools to Help Landlords Thwart Squatters
Property owners in Iowa can manage squatters’ rights and adverse possession by staying informed, acting quickly, and using the right tools to care for their properties.
Reliable property management software, such as TurboTenant, helps landlords track occupancy, store inspection records, and minimize rental vacancy, reducing the risk of squatters gaining a foothold.
Take control today with TurboTenant. Create your free account today and protect your property with smarter property management tools.
FAQs: Squatters’ Rights & Adverse Possession Laws in Iowa
How long does it take a squatter to claim property rights in Iowa?
In Iowa, a squatter must occupy a property for 10 continuous years. Their occupancy must also be exclusive, open, actual, and hostile for the squatter to successfully claim property rights. Paying property taxes and holding a color of title does not shorten the time requirement.
Can landlords remove squatters legally without taking legal action?
In most cases, no. If law enforcement determines that an unlawful occupant is a trespasser rather than a squatter, they can be removed immediately. If the occupant has lived on the property long-term and claims the right to stay, however, the landlord must take legal action.
What’s the difference between a squatter and a holdover tenant?
A squatter has never had permission to occupy the property and does not hold a lease. A holdover tenant initially rented the unit legally, but refuses to leave after the lease expires. Under Iowa law, holdover tenants retain limited tenant rights, while squatters do not.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing the locks, or otherwise attempting to force out a squatter qualifies as an illegal self-help eviction. Iowa landlords must follow the proper eviction steps or risk fines, criminal charges, and other delays that could strengthen the squatter’s position.