Squatters’ rights and adverse possession in New Jersey raise real concerns for landlords. Imagine an unauthorized occupant settling into an empty Newark duplex and refusing to leave, causing all kinds of trouble. Landlords have to understand exactly how these situations happen to regain control of their property.
Here, we’ll take a look at how New Jersey defines squatters, the differences between squatters and trespassers, how adverse possession works, and more. Keep reading to find out how you can protect your rental investment.
What is a squatter?
Squatters occupy a property without paying rent, having a valid lease agreement, or the owner’s permission. Landlords must treat these unauthorized residents seriously because they pose real risks to property owners and may even be able to claim the property through adverse possession.
Picture someone slipping into a vacant Camden rowhome after spotting an unlocked back door, living there for months, and refusing to leave once discovered. That person qualifies as a squatter because they never got the landlord’s permission, signed paperwork, or paid rent.
Key Differences Between Squatters and Trespassers
Landlords must understand the distinction between squatters and trespassers, as each situation requires different legal steps. This guide gives further details.
Squatters
- Settle into a property and stay without the owner’s approval
- Typically, try to assert some form of long-term control
- Cannot be removed on the spot and requires a full eviction case
Trespassers
- Enter a property without consent, but typically leave shortly after
- Do not pursue long-term occupancy or claims to the space
- Law enforcement can escort them off the property right away
In short, squatters settle in and try to stay, while trespassers enter without consent but usually leave quickly. Landlords can ask law enforcement officers to remove trespassers immediately, but must file a formal eviction to remove squatters.
What are squatters’ rights?
Squatters’ rights in New Jersey refer to the limited legal protections that unauthorized occupants can obtain by occupying a property without permission for an extended period. This article from TurboTenant explains squatters’ rights in detail.
These laws can lead to unexpected legal issues and complicate the removal of unauthorized occupants. Squatters may attempt to take control of, or even gain legal ownership of, a property, forcing landlords to act quickly to protect their rental investments.
Can a squatter actually claim legal rights to a property?
As unbelievable as it may sound, squatters can indeed claim legal rights to a property in New Jersey. Securing those rights takes an effort, though, so the process rarely succeeds. Landlords can prevent adverse possession by carefully monitoring their properties and taking swift action.
Adverse Possession Laws in New Jersey
Adverse possession in New Jersey is the legal means by which a squatter can claim title to a property. The squatter must fulfill the following conditions to qualify for a claim of adverse possession:
Actual: The squatter must live on the land and use it like an owner would, making repairs and receiving mail.
Open and notorious: The squatter’s residence must be obvious to neighbors and the owner, and cannot be hidden.
Hostile: The squatter must occupy the property without the owner’s permission, against the owner’s legal rights.
Exclusive: The squatter must hold the property in sole ownership and cannot share it with the original owner or any other squatters.
Uninterrupted: The squatter must reside on the property continuously, with no interruptions or extended absences.
Supporting law: N.J.S.A. 2A:14-30
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in New Jersey, a squatter must occupy a property for 30 years (or 60 years for uncultivated land or woodland) without interruption. Squatters rarely meet this requirement, but landlords should still pay close attention to their properties to prevent it.
For instance, a person staying in an empty Elizabeth property for only 6 years would fall far short of New Jersey’s 30-year requirement and cannot claim adverse possession.
Supporting law: N.J.S.A. 2A:14-30, N.J.S.A. 2A:14-1.4
Does the squatter need to have a color of title to claim adverse possession?
A color of title indicates that someone holds a recorded, but legally flawed, document purporting to show ownership. For instance, someone might purchase an invalid deed to a property from an unauthorized seller and assume that they’re now the legal owner.
In New Jersey, squatters must hold color of title to claim adverse possession. However, the key factor is 30 years of continuous, exclusive, actual, open and notorious, and hostile possession, so having color of title does not shorten the time requirement.
Supporting law: N.J.S.A. 2A:14-30, N.J.S.A. 2A:14-31
Does the squatter have to pay property taxes for adverse possession in New Jersey?
In many states, squatters must pay property taxes to support an adverse possession claim, but New Jersey is not one of them.
Paying property taxes does not shorten New Jersey’s 30-year (or 60-year) occupancy requirement for adverse possession. However, landlords should still stay current on taxes to avoid liens or confusion that might complicate future title questions.
Supporting law: N.J.S.A. 2A:14-30, N.J.S.A. 2A:14-31
How to Legally Remove Squatters from Your Property
If you find a squatter living on your New Jersey rental property, you’ll need to take swift action to remove the squatter and regain ownership. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, consider speaking directly with the squatter before filing for eviction. You might negotiate a move-out date, offer a cash-for-keys agreement, or help the squatter relocate. These measures could help you avoid a drawn-out, costly eviction process.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal in all 50 states and can result in fines, charges, or a failed eviction.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement officers to visit the property and speak with the squatter. Officers may view the person as a trespasser rather than a tenant. If so, they can usually remove the individual immediately and restore control of the unit to you.
Step 3: Serve the Squatter a Written Notice to Vacate
If law enforcement cannot legally remove the squatter, you must remove them like you would a tenant. Start by serving the squatter a clear, written Notice to Vacate, which orders the squatter to leave your property within 3 days before you initiate the formal eviction process.
Step 4: File a Lawsuit for Eviction Against the Squatter
If the notice deadline passes and the squatter still refuses to leave, file a Lawsuit for Eviction in the New Jersey Superior Court, Special Civil Part, in the county where your property is located. This officially begins the New Jersey eviction process.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, make sure you have strong evidence of the unlawful residence and your rightful ownership. Show the judge common proof, like:
- Photos or videos showing the squatter entering the property
- Utility records and property tax payments in your name
- Witness statements from neighbors or property managers
- Police reports documenting prior attempts to communicate with the squatter
The squatter will also have time to present their own evidence, including the color of title or proof of long-term occupancy. The judge will review both your and the squatter’s arguments before making a decision.
Step 6: Obtain a Warrant of Removal, Authorizing Removal of the Squatter
If the judge sides with you, the court enters a Judgment for Possession, which allows you to request a Warrant of Removal after 3 days. The Superior Court, Special Civil Part issues the Warrant of Removal to a court officer, who posts it at the property.
This gives the occupant a 3-day window before the officer returns to physically remove the squatter. The squatter can still file limited objections or applications with the court both before and after the landlord obtains a Warrant of Removal.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
If the squatter remains on the property after 3 days, the court officer (not regular law enforcement) has the authority to physically remove the squatter from the premises. New Jersey requires landlords to notify squatters of any abandoned belongings and to hold them for 30 days before disposal.
Once the court officer has removed the squatter and returned possession to you, take action quickly to prevent their return. Change the locks, secure all entry points, and monitor the property closely to prevent another nightmare squatting situation.
Now that you understand how removal works, let’s move on to the next section and cover essential tips to prevent squatters from occupying your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from settling into your property in the first place. Use these practical, landlord-focused tips to keep your rentals secure:
Inspect the property regularly: Check your rentals frequently, especially when no tenant is in residence. Regular visits show clear ownership, deter unwanted occupants, and help you spot suspicious activity before it escalates into a bigger problem.
Install security cameras: Place cameras at entry points and visible exterior spots. Clear video footage discourages unauthorized entry, supports police reports, and helps you confirm who enters or leaves the property during vacancies or repairs.
Act quickly against trespassers: Respond immediately when someone enters your property without permission. Calling the police and securing the area right away prevents a brief trespass from becoming a long-term squatting situation.
Secure all entry points: Make sure to reinforce your doors, windows, and other access points with reliable locks. Strong security makes it far more difficult for a squatter to slip in and claim the property.
Maintain the property: Keep the lawn clean and trimmed, remove trash, and promptly fix any other exterior issues. A well-maintained home looks occupied, indicates attentive ownership, and makes squatters think twice about targeting the property.
Fill vacancies quickly: Advertise rental openings immediately to minimize downtime between tenants. Long vacancies often attract unwanted visitors, so list your rental quickly.
Screen future tenants thoroughly: Strong screening reduces the risk of problem tenants, so make sure to check potential renters’ credit, background, and eviction history before signing a lease. Use trusted screening tools to find out everything you need to know about your next tenant.
These practical suggestions will help you keep your rental properties safe. But these aren’t the only ways landlords can prevent squatting situations.
Digital Tools to Help Landlords Thwart Squatters
Property owners can handle squatters’ rights and adverse possession in New Jersey confidently by using the right tools, staying vigilant, and acting quickly whenever someone occupies a unit without permission.
Additionally, property management software helps landlords track vacancies, store maintenance records, and otherwise protect their properties from unauthorized occupants.
If you want stronger protection and simpler property management workflows, create your free TurboTenant account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in New Jersey
How long does it take a squatter to claim property rights in New Jersey?
Adverse possession in New Jersey requires 30 years of continuous, exclusive, hostile, actual, and open use. Woodland or uncultivated land requires 60 years. Squatters must meet every aspect without interruption, so most attempts fail long before squatters can fulfill the timeline requirement.
Can landlords remove squatters legally without taking legal action?
No, landlords must take legal action to remove squatters. Law enforcement officers can remove trespassers immediately, but if the occupant claims the right to remain on the property, landlords must file an Eviction Lawsuit and obtain a Warrant of Removal to regain possession.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies property without permission, payment, or a lease. A holdover tenant originally had permission and a lease to remain on a property, but continues to do so after the lease agreement expires. New Jersey treats holdover tenants as tenants in wrongful possession, so landlords must evict them formally.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords cannot shut off utilities, change locks, or otherwise force out a squatter. Like other states, New Jersey bans all self-help tactics, even against unauthorized occupants. Only a court officer acting with a Warrant of Removal can complete a lawful lockout.