Squatters’ rights and adverse possession in Kentucky can catch many landlords by surprise. Picture someone moving into an empty Louisville apartment, changing the locks, and claiming the right to stay. This situation could lead to months of unpaid rent and court proceedings, causing stress and lost income for landlords.
Fortunately, there are ways to prevent this nightmare scenario from ever happening. In this guide, we’ll review how Kentucky defines squatters, how adverse possession works, and legal removal options. Keep reading to learn how you can protect your property and your peace of mind from squatters.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. They never sign paperwork, pay rent, or hold any legal right to stay on the property, yet they can still cause significant problems for landlords.
For instance, imagine a passerby noticing a vacant single-family home in Lexington, moving in their furniture, and settling in, all without notifying the property’s owner. Because no lease exists and no rent is paid, the occupant qualifies as a squatter rather than a tenant under Kentucky law.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters. Though both enter property without permission, trespassers and squatters require different legal responses and pose different threats.
Squatters
- Stay on a property long-term without permission
- Attempt to claim the right to stay or even take ownership of the property
- Require property owners to follow a court-ordered eviction process rather than immediate removal by law enforcement
Trespassers
- Enter without permission and leave quickly, with no intent to remain on a property long-term
- Do not claim the right to stay on or own the property
- Law enforcement can typically remove trespassers right away
Squatters move in and attempt to gain long-term control, while trespassers enter briefly without the intent to stay. Legally, landlords can remove trespassers much more easily than they can squatters.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections that unauthorized occupants can gain over an extended period of residency. These principles stem from adverse possession laws, which exist throughout the U.S. to encourage active use of property.
In Kentucky, squatters’ rights mean that landlords must take specific steps to protect their properties. Owners should keep a close eye on vacant properties, act quickly, and follow court procedures to regain possession of the property from squatters. Waiting to act can only strengthen the squatter’s position.
Can a squatter actually claim legal rights to a property?
As unbelievable as it sounds, squatters can gain legal rights to property in Kentucky via adverse possession. The process demands years of continuous occupancy and proof, though, so landlords who monitor their properties and act quickly can stop squatters before they gain traction.
Adverse Possession Laws in Kentucky
Adverse possession is the legal means by which a squatter can acquire ownership of a property after a period of unauthorized occupancy. To claim adverse possession, the squatter’s residence must meet the following conditions:
Actual: The squatter must use the property as an owner would, such as by living on the land, maintaining it, and making material improvements.
Open and notorious: The occupation must remain visible to the owner and passersby, so the squatter cannot attempt to hide their presence.
Hostile: The occupancy must occur without the owner’s permission, even if the squatter genuinely believes they have a right to the property.
Exclusive: The squatter must possess the property alone and cannot share ownership with the original owner or any other squatters.
Uninterrupted: The squatter must occupy the property continuously for 15 years in Kentucky, or 7 years with an adverse title.
Supporting law: Kentucky Revised Statutes § 413.010; § 413.060
Occupancy Time Requirements for Adverse Possession
A squatter must live on a property for at least 15 continuous years to claim adverse possession in Kentucky, or 7 years with adverse title (Kentucky’s version of color of title). Any extended absence, including an eviction, will restart the adverse possession timer.
For example, a squatter who has lived in a vacant Bowling Green duplex for 6 years before the landlord discovers and evicts them would not qualify for an adverse possession claim, even if they return to the property later. Kentucky law requires 7 or 15 years of continuous possession.
Supporting law: Kentucky Revised Statutes § 413.010, § 413.060
Does the squatter need to have adverse title to claim adverse possession?
Adverse title, also known as color of title, refers to a written document that appears to transfer ownership but is legally flawed. For example, a squatter might receive a fake deed after purchasing a property from an unauthorized seller.
In Kentucky, squatters do not necessarily need to hold an adverse title to a property for an adverse possession claim. However, an adverse title reduces the occupancy time requirement from 15 years to 7 years, provided the squatter meets all other legal conditions.
Supporting law: Kentucky Revised Statutes § 413.060
Does the squatter have to pay property taxes for adverse possession in Kentucky?
In many states, squatters must pay property taxes to claim adverse possession. However, Kentucky is not one of them, and paying does not shorten the occupancy time requirement.
Instead, squatters must meet the conditions described above and reside on the property for at least 7 consecutive years with an adverse title, or 15 consecutive years without one. Landlords should still stay up to date on all tax payments to avoid ownership disputes, liens, and foreclosures.
Supporting law: Kentucky Revised Statutes § 413.010, § 413.060
How to Legally Remove Squatters from Your Property
Removing a squatter in Kentucky requires landlords to follow specific legal steps. Here’s how you can get an unauthorized occupant off of your property:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Ideally, you’ll be able to resolve the situation by talking to the squatter directly, but only if you feel safe to do so. Offering a cash-for-keys agreement, negotiating a move-out date, or proposing relocation assistance can save you the time and stress of court proceedings.
Important: Never try to remove a squatter on your own by changing the locks or shutting off utilities. Self-help eviction is illegal in every state and can result in fines, criminal charges, or a failed eviction if the squatter challenges your actions in court.
Step 2: Get in Touch With Local Law Enforcement
Ask law enforcement to visit the property and speak with the occupant. Officers may determine that the person is a trespasser rather than a squatter, and if so, police can remove them immediately. This can prevent the situation from escalating into a larger legal battle.
Step 3: Serve the Squatter a 7 Day Notice to Vacate
If law enforcement cannot remove the squatter, you’ll have to initiate eviction proceedings. Start by serving a written 7 Day Notice to Vacate, which tells the squatter to leave your property within 7 days before you take legal action to remove them.
Step 4: File a Forcible Detainer Complaint Against the Squatter
If the squatter is still on your property after the notice deadline passes, file a Forcible Detainer Complaint to start your eviction case. You’ll need to submit this action in the district court of your rental property, starting the Kentucky eviction process and setting a hearing date.
Step 5: Present Your Case in Front of a Judge
During your court date, bring strong evidence of the squatter’s unlawful occupancy and your own legal ownership. Documentation like the following will help support your case:
- Deed or title records showing you own the property
- Photos or videos of the squatter’s presence on your property
- Witness statements from neighbors or contractors
- Records of any previous attempts to communicate with the squatter
The squatter will also have the opportunity to present evidence. They may bring adverse title, property tax records, or other proof of long-term occupancy. Judges weigh each argument carefully before making a decision, so it’s crucial to have solid proof in your favor.
Step 6: Obtain a Warrant of Possession, Authorizing Removal of the Squatter
If the judge rules for you, the court enters a Judgment for Possession. Next, you’ll request a Warrant of Possession from the district court clerk, which will authorize the sheriff to execute the eviction. In Kentucky, only the sheriff can forcibly remove a squatter.
After the judgment, the squatter has 7 days to appeal or leave voluntarily. You’ll need to keep a close eye on the proceedings during this time to ensure they don’t attempt to appeal. After 7 days, though, the sheriff can proceed with removal.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Warrant of Possession grants law enforcement the authority to physically remove squatters from a property. Kentucky law does not specify how landlords should handle abandoned belongings, but generally, landlords should store any abandoned items for a reasonable amount of time and notify the squatter before disposal.
Once the squatter is gone, secure your property immediately by changing the locks and scheduling regular inspections to prevent future squatting issues.
With removal complete, let’s take a look at a few practical strategies you can use to keep squatters off your property for good.
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. You can take these steps to reduce risk before problems escalate.
Inspect the property regularly: Visit vacant properties often, keeping an eye out for signs of unauthorized entry. Regular inspections signal active ownership and discourage squatters from moving in.
Install security cameras: Visible, working cameras deter unauthorized entry and provide valuable evidence if someone does attempt to occupy your property.
Act quickly against trespassers: Respond immediately when you spot unauthorized occupants on your property. Fast action prevents trespassers from establishing a residency that may qualify them for squatters’ rights.
Secure all entry points: Lock all doors, windows, garages, and secondary access points. Squatters often exploit weak points to gain entry to a property.
Maintain the property: Keep the lawn trimmed and clean, collect mail frequently, and repair any damage promptly. A well-maintained property looks occupied, reducing squatters’ interest.
Fill vacancies quickly: Advertise all vacant rental properties promptly to shorten downtime between tenants. Utilizing listing tools can help reduce vacancy rates and limit opportunities for squatters.
Screen future tenants thoroughly: Verify a potential tenant’s identity, rental history, and income before approving your next renter. Careful tenant screening lowers the risk of future occupancy disputes.
When it comes to stopping squatters, these prevention strategies are just the start. Let’s take a look at some final ways you can protect your rental properties.
Digital Tools to Help Landlords Thwart Squatters
Property owners can confidently navigate squatters’ rights and adverse possession in Kentucky by staying proactive, organized, and prepared with the right tools.
Reliable property management software can help you track vacancies, store records, and respond quickly when unauthorized occupants threaten your property.
Create your free TurboTenant account today to protect your rentals from squatters and other issues.
FAQs: Squatters’ Rights & Adverse Possession Laws in Kentucky
How long does it take a squatter to claim property rights in Kentucky?
A squatter must occupy a Kentucky property for at least 15 continuous years to successfully claim adverse possession, or at least 7 years with an adverse title document. Their use must stay actual, open, hostile, exclusive, and uninterrupted for the entire period.
Can landlords remove squatters legally without taking legal action?
Landlords cannot remove squatters on their own. If law enforcement determines that a person is a trespasser rather than a squatter, they can remove them immediately. But once an occupant claims the right to long-term possession, landlords must follow the Kentucky eviction process for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter has neither permission nor a lease from a property owner and occupies the property unlawfully. A holdover tenant initially rented the unit under a valid lease but continues to occupy it after it expires. Landlords must follow the same eviction procedures to remove both holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities or changing locks counts as self-help eviction in Kentucky. These actions are illegal and can lead to fines, criminal charges, and dismissal of an eviction case. Instead, landlords must rely on the Kentucky eviction process and sheriff enforcement to remove squatters.