Squatters’ rights and adverse possession in Michigan can create real problems for landlords. Imagine a Detroit landlord discovering an unknown occupant settled into a vacant rental and claiming ownership rights. Situations like this escalate quickly, so landlords should act fast and protect their properties from the start.
The article covers adverse possession rules in Michigan, prevention tactics, the squatter eviction process, and more. Keep reading to learn how you can deal with unauthorized occupants.
What is a squatter?
A squatter occupies a property without permission or a valid lease agreement. Squatters move in, treat the space like their own, and stay without any formal contract or legal right to remain.
For instance, a squatter might enter an empty Flint duplex, bring in their belongings, and refuse to leave when the owner confronts them. As if this weren’t bad enough, the squatter may even try to build a claim of property ownership over time.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters in terms of removal. This guide explains the details further.
Squatters
- Settle into a property for a long time period without the owner’s agreement.
- Attempt to build a case for future ownership of the property.
- Can only be removed via the eviction process.
Trespassers
- Enter the property without approval, but leave shortly after.
- Do not attempt to secure long-term control or property ownership.
- Can be removed by law enforcement right away.
In short, squatters stay long-term and require a complete eviction to remove, while trespassers make brief entries that local law enforcement can address on the spot. Knowing the difference can help you decide how to deal with the unauthorized entry to your property.
What are squatters’ rights?
Squatters’ rights in Michigan describe limited legal protections that unauthorized occupants can gain when they live on a property for extended periods without approval. These protections can even allow the squatter to claim property via adverse possession if a landlord doesn’t take quick action.
These laws carry real implications, as long-term occupancy can complicate the removal of squatters. Landlords must keep a close eye on vacant units and address unauthorized stays immediately before they escalate into larger legal problems.
Can a squatter actually claim legal rights to a property?
Though it may be hard to believe, squatters in Michigan can take over a property if they stay long enough and meet certain conditions. The process rarely succeeds, but can still happen. Michigan landlords can prevent this outcome by securing vacant rentals and addressing unauthorized occupancy as soon as it occurs.
Adverse Possession Laws in Michigan
Adverse possession in Michigan describes the legal path a squatter uses to take ownership from the legal owner by meeting strict requirements over a certain time period. Adverse possession in Michigan applies only when every element below is proven clearly:
Actual: The squatter physically lives on or uses the property as an owner would. For example, someone occupying a vacant Lansing rental, receiving mail, and maintaining the space demonstrates actual possession.
Open and notorious: The squatter occupies the property in a way any reasonable person (including the owner and passersby) can see.
Hostile: The squatter occupies the property without permission and treats it as their own, contrary to the original owner’s rights.
Exclusive: The squatter controls the property alone and does not share possession with the owner or other squatters.
Uninterrupted: The squatter must occupy the property continuously, with no absences, for the required Michigan period of 15 years.
Supporting law: MCL 600.5801, MCL 600.5829
Occupancy Time Requirements for Adverse Possession
Adverse possession in Michigan requires a squatter to live on and control a property continuously for 15 years, or for 5 years with color of title. The occupancy must remain uninterrupted throughout, as any gap in possession resets the clock and blocks a potential adverse possession claim under Michigan law.
For instance, a squatter living in a vacant Flint rental without color of title for only 4 years would fall far short of Michigan’s 15-year requirement and would not hold any legitimate basis for adverse possession.
Supporting law: MCL 600.5801
Does the squatter need to have a color of title to claim adverse possession?
Color of title indicates that someone holds a document that appears valid but fails to transfer ownership. Picture a buyer using a faulty deed to a Detroit duplex, believing it works even though it contains a critical defect that prevents any real transfer of ownership.
Michigan squatters do not need color of title to pursue adverse possession, but having it shortens the required time period from 15 years to 10 years if the squatter also pays all property taxes.
Supporting law: MCL 600.5801, MCL 600.5829
Does the squatter have to pay property taxes for adverse possession in Michigan?
Michigan does not require squatters to pay property taxes to claim adverse possession, though doing so can shorten the time period for adverse possession when the squatter also holds a color of title. You can read more about Michigan property taxes at TurboTenant.
Needless to say, landlords can face serious trouble if they fall behind on property taxes. Michigan property owners should protect themselves by staying current on all tax payments and maintaining clear records.
Supporting law: MCL 600.5801
How to Legally Remove Squatters from Your Property
If you notice signs of unauthorized occupation on your property, you’ll need to move quickly to secure a court-ordered eviction and regain control. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, consider speaking to the squatter directly without involving the courts. You might offer a cash-for-keys agreement, set a firm move-out date, or help the person find relocation support to avoid a lengthy eviction.
Important: Never attempt to remove the squatter on your own. Self-help evictions are illegal in all 50 states and can trigger fines or criminal charges.
Step 2: Get in Touch With Local Law Enforcement
If you cannot speak with the squatter, ask local law enforcement to visit the property and assess the situation. Officers may determine that the person is a trespasser and remove them immediately, saving you the time and hassle of an eviction.
Step 3: Serve the Squatter a 7-Day Notice to Quit
When officers cannot remove the squatter, you must evict them as if they were a tenant. Start the process by serving a 7-Day Notice to Quit, which tells the occupant their unauthorized stay must end and that you plan to regain possession.
Step 4: File a Complaint to Recover Possession of Property Against the Squatter
If the deadline in your notice passes and the squatter still refuses to leave, file a Complaint to Recover Possession of Property with the local Michigan district court. This filing starts the Michigan eviction process and moves your case toward a Judgment for Possession.
Step 5: Present Your Case in Front of a Judge
During your hearing, you’ll need to present strong evidence that proves your legal ownership and the squatter’s unlawful occupancy. Common evidence includes:
- Photos or videos showing the squatter’s unauthorized entry
- Property tax records showing that you’re up to date on all payments
- Police reports and other records of communication with the squatter
- Witness statements from neighbors or maintenance staff
The squatter will also have time to present their own evidence, which might include a color of title, tax payment receipts, or other records they believe support their position. Judges in Michigan review both sides carefully before issuing a Judgment for Possession.
Step 6: Obtain an Order of Eviction, Authorizing Removal of the Squatter
If the Judgment for Possession is granted in your favor, you can request an Order of Eviction. This document authorizes a bonded court officer to remove the squatter and return full possession to you.
While judges typically allow for a 10-day period in which the tenant can appeal before issuing the Order of Eviction, the judge may issue the order immediately in the case of unlawful entry. Landlords must complete enforcement within 56 days.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Order of Eviction grants a bonded court officer, sheriff, or deputy the authority to remove the squatter. Law enforcement will execute the order, then file a written return showing service and removal. If the squatter leaves behind any belongings, you can remove them immediately.
Once possession has been returned to you, secure the property quickly to prevent the squatter’s return. Change the locks and monitor the rental carefully.
Now that you know how to remove a squatter in Michigan, let’s discuss some practical tips to keep squatting situations from occurring in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from moving into your property in the first place. Follow these practical steps to protect your Michigan rental and minimize risk:
Inspect the property regularly: Check the unit frequently to ensure it remains vacant and secure. Regular inspections help catch unauthorized activity early before it escalates.
Install security cameras: Place cameras near doors, garages, and other property access points to monitor activity. This deters trespassers and could serve as evidence if someone tries to occupy the property illegally.
Act quickly against trespassers: Respond immediately if someone enters your property without permission. Contact local law enforcement to prevent brief trespasses from escalating into long-term occupation.
Secure all entry points: Lock doors and windows, install motion-activated lights, and reinforce any weak points. Proper security makes it harder for someone to gain access and claim occupancy.
Maintain the property: Keep your landscaping in good shape, remove any debris, and fix visible damages. A well-kept property signals active ownership and discourages squatters.
Fill vacancies quickly: Long vacancies attract unauthorized occupants, so use tools like TurboTenant to advertise your rental property and minimize downtime.
Screen future tenants thoroughly: Check a potential tenant’s rental history, credit reports, and background information before signing a lease. Using reliable tenant screening tools reduces turnover and lowers the risk of abandoned units.
You can take these tried-and-true steps to prevent nightmare squatting situations and avoid the stress of eviction. Additionally, you can use certain digital tools to protect your property.
Digital Tools to Help Landlords Thwart Squatters
Landlords can effectively manage squatters’ rights and adverse possession in Michigan by staying alert, keeping a close eye on their properties, and acting promptly to protect their legal ownership.
You can also implement property management software to track vacancies, monitor your rentals, and organize records, all of which will help you defend your property against squatters.
Create a free account with TurboTenant today to safeguard your investments and protect your Michigan property.
FAQs: Squatters’ Rights & Adverse Possession Laws in Michigan
How long does it take a squatter to claim property rights in Michigan?
A squatter must occupy a property for 15 years, or 10 years with color of title and property tax payments, to claim adverse possession in Michigan. Their residency must also be continuous, hostile, actual, open, and exclusive.
Can landlords remove squatters legally without taking legal action?
No, landlords cannot forcibly remove squatters themselves. Michigan law requires following formal eviction procedures and involving law enforcement. Self-help methods, such as changing locks or shutting off utilities, are illegal and can result in fines or criminal charges.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies a property without permission or a lease, while a holdover tenant originally had a valid lease but remains on the property after it expires. Despite this difference, both squatters and holdover tenants require a formal eviction for removal.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords cannot turn off utilities, change the locks, or otherwise remove a squatter on their own in Michigan. Doing so counts as an illegal self-help eviction and can result in fines, criminal charges, or a failed eviction if challenged in court.