Squatters’ rights and adverse possession in Minnesota catch many landlords off guard. For example, imagine an uninvited occupant moving into a vacant Duluth duplex, changing the locks, and claiming they can stay. Weeks or months might pass, leading to lost income and potential property damage.
Here, we’ll explore how Minnesota defines squatters, the key timelines for adverse possession, and the lawful eviction process so you can protect your property. Read on to find out what you should know about squatters in the Land of 10,000 Lakes.
What is a squatter?
A squatter occupies a Minnesota property without the owner’s permission or a valid lease agreement. Although squatters never sign any paperwork or pay rent, landlords must still undertake a formal eviction under state law. They cannot ask law enforcement to remove these unauthorized occupants on the spot.
For example, a squatter might enter a vacant St. Paul home, move in furniture, and begin receiving mail just like a typical tenant. That person qualifies as a squatter because they lack the owner’s consent and a lease and occupy the property solely through unauthorized possession.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters to landlords, mainly because it affects their options for removal. Here’s what you should know:
Squatters
- Occupy a property for an extended period of time without the owner’s consent
- Try to assert occupancy rights or eventual ownership through continued possession
- Require landlords to follow a formal eviction process for removal
Trespassers
- Enter a property without permission and typically leave quickly
- Do not pursue ownership or long-term occupancy rights
- Law enforcement can remove them from the property immediately
In short, squatters occupy a property for an extended period and require a formal eviction, while trespassers intrude briefly and usually face immediate removal without legal action.
What are squatters’ rights?
Squatters’ rights in Minnesota come from the state’s adverse possession laws, which encourage active property use. Under certain conditions, squatters may receive limited legal protection after living on a property for a long time without permission. You can learn more from TurboTenant’s guide to squatters’ rights.
For landlords, squatters’ rights mean that a complete, legal eviction is required to remove an unauthorized resident. Landlords have to take swift action and follow strict legal procedures to get a squatter off their property before they lose rental income or, worse, the property itself.
Can a squatter actually claim legal rights to a property?
Although it may sound unfathomable, squatters can acquire legal title to property in Minnesota through adverse possession. The process demands strict proof and years of uninterrupted occupancy, so landlords can prevent these claims easily by regularly inspecting properties and acting quickly if they discover unauthorized occupants.
Adverse Possession Laws in Minnesota
Adverse possession allows a squatter to acquire legal ownership of property without the owner’s consent. In Minnesota, a squatter’s residence must fulfill the following conditions to qualify for an adverse possession claim:
Actual: The squatter must use the property as an owner would, such as by living there, maintaining the property, and making material improvements.
Open and notorious: The squatter must occupy the property in a manner that is visible enough for a reasonable Minnesota property owner to notice.
Hostile: The squatter must control the property without permission and in violation of the owner’s legal rights.
Exclusive: The squatter must control the property alone and cannot share it with the owner or other squatters.
Uninterrupted: In Minnesota, squatters must live on the property for 15 continuous years without abandonment, eviction, or long periods of absence.
Supporting law: Minn. Stat. 541.02
Occupancy Time Requirements for Adverse Possession
Adverse possession in Minnesota requires a squatter to occupy a property continuously for 15 years before claiming ownership. If the squatter abandons the property, leaves for an extended period of time, or the landlord evicts the squatter, the clock will reset and defeat the adverse possession claim.
For instance, pretend a squatter lives in a vacant home for 6 years and leaves for several months. Though the squatter might return, those 6 years no longer count toward an adverse possession claim, and the squatter must start all over again on the 15-year occupancy requirement.
Supporting law: Minn. Stat. 541.02
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 does not hold up legally. For instance, a buyer receiving a deed recorded with an incorrect address is in possession of a color of title.
Minnesota squatters do not need a color of title to pursue adverse possession, and holding a color of title does not shorten the adverse possession occupancy time requirement. Instead, state law centers on 15 years of continuous, open, hostile, actual, and exclusive possession to effect a transfer of ownership.
Supporting law: Minn. Stat. 541.02
Does the squatter have to pay property taxes for adverse possession in Minnesota?
In many states, squatters must pay property taxes to qualify for an adverse possession claim. But does Minnesota? Well, it’s complicated.
While squatters don’t have to pay property taxes in Minnesota, doing so can shorten the 15-year occupancy time requirement to 5 continuous years if the squatter attempts to claim a separately assessed parcel. Regardless, landlords should always stay current on tax payments to protect their properties.
Supporting law: Minn. Stat. 541.02
How to Legally Remove Squatters from Your Property
To remove squatters from their properties, Minnesota landlords most likely must follow strict eviction procedures and timelines. Here’s what you need to know:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by communicating calmly with the squatter if you feel safe to do so. You can encourage them to move out voluntarily, provide relocation assistance, or consider offering a cash-for-keys agreement. These measures may help you avoid time-consuming and costly eviction delays.
Important: Never attempt a self-help eviction by turning off the power or changing the locks. Self-help eviction is illegal nationwide and can lead to fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Your next option is to contact local law enforcement and ask them to visit your property to speak with the occupant. Officers may classify the situation as trespassing, not squatting. If so, police can remove the individual immediately without forcing you into a drawn-out eviction.
Step 3: Serve the Squatter a Written Notice to Vacate
If police cannot remove the occupant, treat the squatter as a tenant and begin the eviction process. Start by delivering a written Notice to Vacate, which demands that the squatter leave your property within 14 days or risk eviction.
Step 4: File an Eviction Action Complaint Against the Squatter
If the squatter is still on your property after the notice deadline, you’ll need to file an Eviction Action Complaint in the Minnesota district court local to your rental property. The court schedules a hearing and moves the case forward under the Minnesota eviction process.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, bring clear evidence of the squatter’s unlawful occupation and your own rightful ownership. Proof like the following will help convince the judge to rule in your favor:
- Deeds, tax records, or other title documents in your name
- Photos or inspection reports showing unauthorized occupancy
- Witness statements from neighbors or property managers regarding the squatter’s residence
- Documentation of prior attempts to communicate with the squatter
The squatter will get the chance to present evidence, too. They may provide property tax records or proof that their residence satisfies the requirements for adverse possession. The judge will weigh both sides carefully before making a decision.
Step 6: Obtain a Writ of Recovery of Premises and Order to Vacate, Authorizing Removal of the Squatter
If and when you win the eviction hearing, the Minnesota court will enter judgment for recovery of the premises and issue a Writ of Recovery of Premises and Order to Vacate. You’ll need to take the writ to the county sheriff, who will then enforce the removal.
The sheriff will serve or post the writ and the order at the property. Minnesota courts usually give the occupant 24 hours to leave after service or posting, unless the judge grants a stay. Keep proof of service on file just in case of any last-minute motions or appeal attempts.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
If the squatter remains on your property after the final deadline, law enforcement will return to remove them physically. If the squatter abandons any personal belongings, you must store the items for 28 days and notify the squatter before disposing of them.
Once your property is back in your possession, change the locks, post No Trespassing signs, and plan regular inspections to keep out both new and returning squatters.
With the eviction process complete, let’s take a look at a few practical tips that Minnesota landlords can use to protect their properties against squatters.
Tips for Preventing Squatters from Occupying Your Property
To defend your property against squatters, your best bet is to prevent them from moving in altogether. You can use the following methods to avoid expensive, time-consuming ownership disputes:
Inspect the property regularly: Visit your vacant properties often to spot signs of unauthorized occupancy, such as new locks or lights. Regular checks demonstrate active ownership and deter squatters.
Install security cameras: Set up visible cameras at entry points to deter squatters and document unauthorized entry, which could serve as valuable evidence in an eviction case.
Act quickly against trespassers: If you spot signs of unauthorized entry, contact law enforcement immediately. Quick action prevents trespassers from putting down roots and qualifying for squatters’ rights protections.
Secure all entry points: Lock doors and gates to prevent squatters from gaining easy access to your property.
Maintain the property: Mow the lawns during summer, remove snow during winter, and stay on top of all property repairs. A well-cared-for property looks occupied and attracts far less attention from squatters.
Fill vacancies quickly: Minimize downtime between tenants and provide fewer opportunities for squatters by advertising vacant properties across a multitude of listing sites.
Screen future tenants thoroughly: Screening a tenant by checking their identity, rental history, and income reduces your risks of renting to an untrustworthy person.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily navigate squatters’ rights and adverse possession in Minnesota by staying informed, acting quickly, and using strong tools to protect both vacant and occupied properties.
Reliable property management software helps landlords track property inspections, reduce vacancy rates, and respond more quickly when squatters or trespassers try to move in.
Create your free account today to protect your rental properties and stay organized on all aspects of property management.
FAQs: Squatters’ Rights & Adverse Possession Laws in Minnesota
How long does it take a squatter to claim property rights in Minnesota?
In Minnesota, a squatter must continuously occupy a property for 15 years to establish ownership by adverse possession. If the squatter pays property taxes on a separately assessed parcel, they only have to occupy the property for 5 years. (Any interruption resets the clock.)
Can landlords remove squatters legally without taking legal action?
No, landlords cannot typically remove squatters without legal action. Law enforcement can escort trespassers off a property immediately, but removing squatters requires landlords to pursue a complete eviction through the district court.
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 a property but did not vacate after the lease ended. Despite these differences, landlords must still pursue an eviction to remove both holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
No. These actions constitute self-help eviction, which is illegal under Minnesota law. This can lead to fines, criminal charges, or a failed eviction case. Landlords can only remove squatters by following eviction procedures and obtaining a Writ of Recovery of Premises.