Squatters’ rights and adverse possession actions in Louisiana can quickly spiral into a massive problem for landlords. Imagine someone moving into an empty Baton Rouge rental without the owner’s knowledge and refusing to leave, leading to lost rental income, court proceedings, and potential property damage.
Luckily, well-informed landlords can protect their properties from falling into the hands of unauthorized occupants. Keep reading to learn how Louisiana defines squatting, how adverse possession works, and the steps landlords can take to defend against squatters and avoid costly ownership disputes.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. Squatters never sign rental paperwork, receive legal authorization to live at a property, or pay rent (even though they might treat a property as their own).
For instance, picture someone moving into a vacant rental home after noticing that it’s empty. They change the locks, move in their furniture, and start receiving mail there. Since they don’t have permission or a lease, Louisiana law treats them as a squatter.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters. Though both enter a property without permission, Louisiana landlords have to respond differently to each.
Squatters
- Take up residence without the owner’s consent and intend to stay for a long stretch of time
- May try to establish a legal residence or claim ownership over time
- Landlords have to follow a formal eviction process to remove squatters rather than asking law enforcement to get rid of them on the spot
Trespassers
- Enter property without permission and typically leave soon after
- Do not pursue ownership or long-term occupancy rights
- Police can typically remove them right away
Squatters move into a property and attempt to claim legal rights, while trespassers enter a property briefly without trying to establish occupancy. As such, Louisiana landlords must choose the correct response to avoid legal penalties and other delays in removing squatters.
What are squatters’ rights?
Squatters’ rights in Louisiana describe the legal protections that unauthorized occupants can gain after meeting strict requirements. These laws stem from Louisiana’s adverse possession rules, which encourage active use of property.
These laws don’t automatically grant possession of a property, but they do make it harder for landlords to remove squatters. Property owners must file for eviction and follow strict timelines for a successful removal. And if an owner waits too long, they could eventually lose ownership of their property.
Can a squatter actually claim legal rights to a property?
It might sound unbelievable, but squatters can claim legal rights to property in Louisiana after an extended period of unauthorized occupancy. However, the process demands years of effort and strict proof, so landlords who act quickly can stop squatters long before claims gain traction.
Adverse Possession Laws in Louisiana
Adverse possession in Louisiana, also known as acquisitive prescription, gives a squatter a legal route to gain ownership of a property by meeting these strict standards:
Actual: The squatter must treat the property as an owner would, such as by living there, maintaining the property, or making visible improvements.
Open and notorious: The squatter must make their occupancy obvious enough for an owner to reasonably notice.
Hostile: The squatter must occupy the property without the owner’s permission and in a manner hostile to the owner’s rights.
Exclusive: The squatter must use the property alone and cannot share ownership with anyone else, including the original owner or other squatters.
Uninterrupted: The squatter must maintain continuous possession of the property for 30 years without title, or 10 years with just title and good faith. There can be no periods of abandonment or interruption.
Supporting law: Louisiana Civil Code art. 3475, art. 3486
Occupancy Time Requirements for Adverse Possession
Adverse possession in Louisiana demands long-term, continuous possession before a squatter gains ownership. The squatter must reside on the property for 30 years without just title or good faith, or 10 years with both. Any break in possession resets the clock, wiping out all prior time.
For example, a squatter might occupy a vacant duplex in Baton Rouge for 4 years before leaving for several months. Even if the squatter returns, those initial 4 years won’t count toward an adverse possession claim, so they’ll have to start over.
Supporting law: Louisiana Civil Code art. 3475, art. 3486
Does a squatter need just title in Louisiana?
Just title, aka color of title, refers to a written instrument that appears to transfer ownership but contains a legal defect rendering it invalid. For instance, if someone purchases a property in Lafayette and receives a faulty deed from an unauthorized seller, they’ve just obtained a color of title.
Though squatters do not need just title to claim adverse possession in Louisiana, this document significantly shortens the timeline. Squatters who hold just title and possess the property in good faith can claim ownership after 10 years, as opposed to the typical 30-year requirement.
Supporting law: Louisiana Civil Code art. 3475, art. 3486
Does the squatter have to pay property taxes for adverse possession in Louisiana?
Louisiana does not require payment of taxes for adverse possession. Squatters can claim a property without paying property taxes, and paying taxes does not shorten the 30-year or 10-year acquisitive prescription timelines in Louisiana. However, the squatter can significantly strengthen an adverse possession claim by paying taxes.
To avoid disputes over ownership and the potential for tax sales, foreclosures, and liens, landlords should always stay up to date on property tax payments. Paying taxes on time and correctly will help you prevent squatters from establishing a foothold on a property.
Supporting law: Louisiana Civil Code art. 3475, art. 3486
How to Legally Remove Squatters from Your Property
Landlords must follow a strict eviction process to remove squatters. Here’s what you’ll need to do if you discover an unauthorized occupant on your property:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by talking directly to the squatter if you feel safe doing so, since this can spare you months of stress. Consider offering options such as a set move-out date, relocation assistance, or a cash-for-keys agreement to regain possession of your property more quickly and avoid eviction filings.
Important: Never attempt to remove a squatter yourself by shutting off utilities or changing the locks. Self-help evictions are illegal in Louisiana, and can lead to fines, criminal charges, and a potential dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
If you’re not able to speak directly with the squatter, ask law enforcement to visit your property in your place. Police may view the situation as trespassing rather than squatting, in which case, they can remove the individual immediately and restore possession to you.
Step 3: Serve the Squatter a Louisiana 5-Day Notice to Vacate
If law enforcement cannot remove the squatter, treat the situation like a tenant eviction. Begin by serving the squatter a Louisiana 5-Day Notice to Vacate, which requires them to vacate and starts the eviction timeline. This notice gives the occupant 5 business days before you file suit.
Step 4: File a Rule for Possession Against the Squatter
File a Rule for Possession if the 5-Day Notice expires and the squatter still occupies your property. You’ll need to file in the parish or city court where your rental is located. This starts the Louisiana eviction process and requires the squatter to appear in court.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, bring strong evidence of your ownership and the squatter’s unlawful residence to support your case. Proof often includes:
- Deed or title records of your legal ownership
- Photos or videos showing unauthorized occupancy or property damage
- Utility bills or tax payment records in your name
- Records of previous attempts to communicate with the squatter
The squatter also has time to present evidence, such as just title, property tax payments, or proof of long-term occupancy. The judge will review both sides’ arguments before handing down a decision.
Step 6: Obtain a Writ of Possession Authorizing Removal of the Squatter
If the judge rules for you, the court will sign a Judgment of Eviction. If the squatter does not leave within 24 hours after the judgment, the court will issue a Writ of Possession that empowers the sheriff, constable, or marshal to deliver the property back to you.
Law enforcement will then serve the writ to the squatter and file a service return as proof of delivery. The squatter can appeal within the 24-hour window, so keep your paperwork organized and respond quickly if the squatter attempts to appeal the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
A Writ of Possession authorizes the parish sheriff or constable to remove the squatter from the property physically. If the squatter leaves any personal belongings, you must hold the items for at least 30 days and attempt to notify the squatter before disposing of them.
After law enforcement removes the squatter, secure the property immediately. Change the locks and schedule regular inspections to prevent squatters from returning or creating future claims.
Now that you know how to remove squatters, let’s take a look at prevention strategies that keep squatters from occupying your Louisiana property again.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy before it starts. Active oversight and swift action will help Louisiana landlords avoid ownership disputes, court filings, and months of lost rent.
Inspect the property regularly: Visit the property often, especially during vacancies. Frequent checks deter squatters and help you spot early signs of a break-in.
Install security cameras: Use visible cameras to discourage entry and record unauthorized activity. Video footage can serve as proof of trespassing or help you regain possession in a more extensive ownership dispute.
Act quickly against trespassers: Respond immediately if someone enters your property without permission. Fast action prevents occupants from claiming the right to long-term occupancy or ownership.
Secure all entry points: Lock doors, install fences and gates, and block secondary access points. Squatters often enter vacant properties through broken windows or unlocked doors.
Maintain the property: Keep yards trimmed and repair any damage promptly. A well-maintained home indicates active ownership and discourages squatters who target abandoned properties.
Fill vacancies quickly: To attract qualified renters and reduce squatter risk, advertise your property across several listing platforms
Screen future tenants thoroughly: Verify a tenant’s identity, rental history, and income using trusted screening services to lower eviction risk.
These tips can protect your rental income and reduce the risk of stressful squatter situations. In addition to these strategies, Louisiana landlords also have other options to stay ahead of squatters.
Digital Tools to Help Landlords Thwart Squatters
Landlords can navigate squatters’ rights and adverse possession in Louisiana by keeping a close eye on their rental properties, acting quickly, and using the right tools.
Reliable property management software helps landlords track occupancy, store documents, and defend against squatters before disputes escalate.
Create a free TurboTenant account today to manage your rentals efficiently and protect your Louisiana property from squatter-related risks.
FAQs: Squatters’ Rights & Adverse Possession Laws in Louisiana
How long does it take a squatter to claim property rights in Louisiana?
In Louisiana, a squatter must possess a property continuously for 30 years to claim ownership without title. If the squatter holds just title and acts in good faith, Louisiana law allows a shortened 10-year acquisitive prescription period, provided the squatter’s residence meets all other requirements.
Can landlords remove squatters legally without taking legal action?
In most cases, landlords cannot remove squatters on their own. If law enforcement determines that an unlawful occupant is a trespasser, officers may remove them immediately. When dealing with squatters, though, Louisiana landlords must follow the eviction process to regain possession of their property legally.
What’s the difference between a squatter and a holdover tenant?
A squatter never had permission to occupy a property and never signed a lease. A holdover tenant once legally rented but refused to leave after the lease expired. Despite these differences, landlords must follow the Louisiana eviction process to remove both holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
No, Louisiana landlords cannot shut off utilities, change locks, or otherwise block access to a property to force a squatter out. Courts treat these actions as illegal self-help eviction, so landlords must rely on law enforcement and court orders to remove squatters legally.