Squatters’ rights and adverse possession in Missouri can blindside landlords. Picture a stranger moving into a vacant St. Louis duplex, changing the locks, and claiming residency. This could cause months of lost rent and property damages, not to mention a stressful eviction.
Here, we’ll explore how Missouri defines squatters, landlords’ eviction options, and the timelines for adverse possession. Keep reading to learn how you can act fast, protect your rental, and avoid costly mistakes.
What is a squatter?
A squatter is someone who occupies a property without the owner’s consent or a valid lease agreement. They move in unauthorized, claim the right to stay, and never pay rent. Because they don’t have a valid lease agreement, Missouri law treats squatters differently from lawful tenants.
For instance, someone who enters a vacant duplex after a previous tenant has left, hauls furniture inside, and changes the locks is a squatter under Missouri law. They don’t have permission to be there or pay rent, and they ignore the owner’s demands to leave.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps landlords respond correctly and avoid costly legal mistakes. Learn more about how to differentiate between the two before taking action.
Squatters
- Move into a property and stay for an extended period without the owner’s consent
- Try to assert residency or property ownership rights over time
- Force landlords to pursue a formal eviction instead of a quick removal
Trespassers
- Enter a property without authorization and leave shortly after
- Show no intent to live on the property or claim ownership
- Law enforcement can remove them quickly in most cases
Squatters occupy a property long-term and require eviction, while trespassers enter briefly and face quick police removal because they cannot claim any rights to the property.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections that occupants can obtain by residing on a property without permission for an extended period. Squatters’ rights in Missouri come from adverse possession laws, which intend to encourage active property use.
These laws complicate the removal of squatters, as landlords must pursue an eviction in court rather than changing the locks or calling the police. Squatters can strengthen their position by staying longer, so landlords must act quickly to evict squatters and recover possession of their properties.
Can a squatter actually claim legal rights to a property?
As unfathomable as it sounds, squatters can acquire legal title to property in Missouri through a process known as adverse possession. However, squatters must meet strict legal conditions and provide proof. Landlords can easily prevent adverse possession claims by conducting regular property inspections and taking prompt action.
Adverse Possession Laws in Missouri
Adverse possession in Missouri allows a squatter to seek legal ownership of a property by satisfying specific statutory requirements over time. To qualify for an adverse possession claim, a squatter’s residence must be:
Actual: The squatter must use the property as an owner would, such as by living there, maintaining it, and making improvements.
Open and notorious: The squatter must occupy the property obviously enough for the owner or neighbors to reasonably notice.
Hostile: The squatter must occupy the property without the owner’s permission, meaning that no lease, license, or other form of consent exists.
Exclusive: The squatter must control the property alone and cannot share possession with the owner or other squatters.
Uninterrupted: The squatter must occupy the property continuously for at least 10 years in Missouri, without any long breaks.
Supporting law: Mo. Rev. Stat. 516.010
Occupancy Time Requirements for Adverse Possession
Adverse possession in Missouri requires a squatter to occupy a property for at least 10 continuous years, without interruptions. Any period of absence or owner action that retakes control interrupts the squatter’s possession and defeats an adverse possession claim.
For instance, if a squatter lives in a rental for 4 years before the rightful owner discovers and evicts them, they fall far short of meeting Missouri’s occupancy time requirement and cannot support an adverse possession claim.
Supporting law: Mo. Rev. Stat. 516.010
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a document that appears to grant ownership but contains a legal defect, such as a faulty deed. For example, someone could receive an invalid deed after purchasing a house from a fraudulent seller who never owned the property in the first place.
While many states require squatters to hold a color of title to pursue an adverse possession claim, Missouri does not. Instead, state law centers on 10 continuous years of exclusive, hostile, open, and actual possession. However, holding a color of title can strengthen a squatter’s claim.
Supporting law: Mo. Rev. Stat. 516.010
Does the squatter have to pay property taxes for adverse possession in Missouri?
In many states, squatters must pay property taxes to support adverse possession claims, but Missouri does not impose that requirement. Paying property taxes also does not shorten Missouri’s 10-year adverse possession time requirement.
With that said, property owners should still stay current on taxes to avoid liens or other ownership disputes. Like holding a color of title, paying property taxes can support a squatter’s claim, so landlords must pay all taxes in full and on time.
Supporting law: Mo. Rev. Stat. 516.010
How to Legally Remove Squatters from Your Property
To remove a squatter in Missouri, landlords must follow specific steps to help them regain possession and avoid costly delays. Here’s how you can remove a squatter:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by communicating calmly with the squatter if you feel safe to do so, since negotiation can save months of court stress. Your options include requesting a voluntary move-out, offering a cash-for-keys deal, or setting a written move-out date to avoid lengthy eviction proceedings.
Important: Do not attempt to use lockouts, force, or utility shutoffs to remove the squatter. Missouri courts punish all forms of self-help eviction, and you may face fines, criminal charges, or a dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Contact local law enforcement and ask officers to visit the property and speak directly with the occupant. If police view the person as a trespasser rather than a squatter, they may remove them immediately, allowing landlords to regain possession without starting an eviction case.
Step 3: Serve the Squatter a 5 Day Notice to Quit
If the police cannot remove the squatter, you have to start a formal eviction. Begin by serving a written Notice to Quit, which tells the squatter to leave the property. Typically, this notice gives the squatter 5 days to leave before you file an unlawful detainer action.
Step 4: File an Unlawful Detainer Case Against the Squatter
If the squatter is still on your property after the deadline passes, start an unlawful detainer case by submitting an Affidavit and Petition in Unlawful Detainer with the circuit court in the county of your property. This filing starts the Missouri eviction process and schedules a court hearing.
Step 5: Present Your Case in Front of a Judge
On the day of your hearing, bring strong evidence of your rightful ownership and the squatter’s unauthorized residence. This will help convince the judge to restore possession to you. Common documentation includes:
- Deed, title, or mortgage records proving your ownership
- Photos or videos of the squatter’s unauthorized entry and residence
- Property tax payments in your name
- Witness statements from neighbors or contractors
The squatter will also receive time to present their own evidence, which could include a color of title or proof of long-term occupancy. The judge will weigh both sides carefully, so providing strong evidence of your ownership is crucial to regain possession.
Step 6: Obtain an Execution for Possession, Authorizing Removal of the Squatter
If the judge rules for you, the court enters a Judgment for Possession, which allows you to request a Writ of Restitution from the circuit court clerk. This document authorizes the sheriff to execute the eviction.
The sheriff typically must restore possession to you within 5 days of receiving the Writ of Restitution. A squatter can still seek a trial de novo or appeal within 10 days of the judgment, but must post a bond to prevent enforcement.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a valid Writ of Restitution, law enforcement can physically remove the squatter and return possession to the landlord. Missouri does not require landlords to store abandoned items, so you can dispose of any property left behind as you see fit.
Once the squatter has left, secure the property immediately by changing the locks, sealing all entry points, and scheduling regular inspections to prevent future squatters.
Now that we’ve covered the removal process, let’s review practical tips to keep squatters from occupying your property.
Tips for Preventing Squatters from Occupying Your Property
You can stop squatters by preventing unauthorized occupancy in the first place. These tips reduce squatting risks and help landlords avoid costly disputes:
Inspect the property regularly: Keep a close eye on your vacant units so you can spot threats like forced entry or a squatter’s belongings. This will keep squatters from putting down roots on your property.
Install security cameras: Post visible cameras at entry points and in common areas to deter squatters from targeting your property. Recorded footage can also serve as evidence in a court case.
Act quickly against trespassers: If you notice unauthorized entry, contact law enforcement immediately for removal. This keeps a trespasser from establishing a residency and claiming squatters’ rights.
Secure all entry points: Reinforce doors, windows, and all other entrances. Squatters will likely look elsewhere if they can’t gain easy access to your property.
Maintain the property: Keep lawns trimmed and clean, and ensure all exterior lights are in working order. A well-maintained property signals active ownership and discourages squatters looking for neglected homes.
Fill vacancies quickly: Since squatters often target vacant rentals, you’ll need to minimize downtime between tenants. Advertise your rentals quickly and easily using property management software.
Screen future tenants thoroughly: Before renting to a new tenant, landlords should verify their criminal, rental, and credit history to avoid renting to unreliable people who may vacate the property and give way to squatters.
You can follow these suggestions to protect both your rental and your time. However, several other tools can strengthen your defense against squatters.
Digital Tools to Help Landlords Thwart Squatters
Landlords can manage squatters’ rights and adverse possession in Missouri confidently by conducting regular inspections, keeping detailed records, and taking swift action against unauthorized occupants.
Reliable property management software can also help. Platforms like TurboTenant help landlords handle leasing, inspections, and advertising in one place.
Start protecting your rentals now with TurboTenant and create your free account today to streamline property management and reduce your risk of squatter invasions.
FAQs: Squatters’ Rights & Adverse Possession Laws in Missouri
How long does it take a squatter to claim property rights in Missouri?
A squatter must occupy a Missouri property for at least 10 continuous years to pursue adverse possession. Their possession must remain actual, open, hostile, exclusive, and uninterrupted throughout the entire period; an extended absence or eviction resets the clock.
Can landlords remove squatters legally without taking legal action?
If the police determine that an unauthorized occupant is a trespasser rather than a squatter, landlords can ask law enforcement to remove them right away. Once a squatter claims residency, however, Missouri landlords must follow the unlawful detainer process to regain possession legally.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies a property without permission and never held a lease. Meanwhile, a holdover tenant once had a valid lease and rented legally, but remains after that lease expires. Missouri law requires landlords to initiate a formal eviction to remove both squatters and holdover tenants.
Can a landlord turn off power or change locks to remove a squatter?
No. Missouri prohibits all forms of self-help eviction, including utility shutoffs, lock changes, or the use of force. These actions may result in fines, criminal charges, or dismissal of the eviction case. The only way to remove a squatter in Missouri is to pursue a fully legal eviction.