Squatters’ rights and adverse possession in Ohio can surprise even seasoned landlords. For instance, imagine finding out that someone has been living rent-free in your Cleveland duplex and is now trying to claim ownership of the property. Without prompt action, squatters can create nightmare situations for landlords.
If you’re wondering how to protect your Ohio property from squatters, we’re here to help. This guide explains how squatters gain rights in Ohio, how landlords can legally remove them, and which laws protect property owners. Keep reading to stay informed and avoid rental risks.
What is a squatter?
A squatter occupies a property without permission or a valid lease agreement. In Ohio, squatters often move into vacant homes or rental units, using the downtime between tenants to take over a space and live rent-free while the owner is none the wiser.
For example, a squatter might move into an empty apartment while the owner renovates another rental elsewhere. By staying without a valid lease agreement or the owner’s consent, that person becomes a squatter, meaning that landlords can’t remove them without a lengthy legal process.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps Ohio landlords handle each situation quickly and correctly. You can learn more about how intent and occupancy affect legal action in this guide to squatters vs. trespassers.
Squatters
- Move into a property and stay long-term without the owner’s consent
- Try to establish a case for ownership of the property
- Can only be removed through a formal court eviction
Trespassers
- Enter a property unlawfully, but typically leave after a short time
- Have no intentions of claiming the property or living there permanently
- Law enforcement can usually remove them on the spot
Basically, squatters stay on a property long-term and try to gain legal control, while trespassers enter briefly without consent and leave shortly thereafter. In Ohio, landlords must follow strict legal requirements when dealing with squatters and can only remove them through the formal eviction process.
What are squatters’ rights?
Squatters’ rights in Ohio, also known as adverse possession, allow someone to claim ownership of a property they occupy without consent for a specific period of time. These laws protect long-term occupants under certain conditions. TurboTenant’s guide to squatters’ rights explains this process in more detail.
In Ohio, squatters’ rights can cause serious problems for landlords. When a squatter meets certain requirements, they may even have grounds to file a claim for property ownership. Landlords must act fast if they want to prevent squatters from strengthening their legal standing.
Can a squatter actually claim legal rights to a property?
It may seem hard to believe, but squatters can legally claim rights to a property in Ohio. The process is challenging and rarely successful, though, so landlords can easily prevent this outcome with regular property inspections, proper security measures, and decisive legal action.
Adverse Possession Laws in Ohio
Adverse possession in Ohio allows a person to claim another person’s property after occupying it without the owner’s permission for a specified period. This legal process can transfer ownership away from the landlord if the squatter meets these conditions:
Actual: The squatter must reside on and use the property as an owner would, such as by making material improvements or repairs.
Open and notorious: The occupation cannot be hidden and must be evident to anyone, including the owner and neighbors.
Hostile: The squatter must occupy the property without the owner’s consent and in a manner that violates the owner’s rights.
Exclusive: The squatter must maintain complete control of the property and cannot share it with the owner or anyone else.
Continuous: In Ohio, a squatter must occupy a property for at least 21 years without breaks or absences.
Supporting law: Ohio Rev. Code § 2305.04
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Ohio, a squatter must live on the property continuously for at least 21 years. Any break in the squatter’s occupancy, including eviction or abandonment, restarts the 21-year timeline and effectively cancels their ability to claim ownership.
Here’s one example: a squatter in Dayton who occupies an abandoned property for only 5 years before moving out would not qualify for any claims of adverse possession, since their stay falls short of Ohio’s 21-year continuous use requirement.
Supporting laws: Ohio Rev. Code § 2305.04
Does the squatter need to have a color of title to claim adverse possession?
A color of title refers to a written document, such as a deed, that appears to grant ownership but actually contains legal flaws. Someone in Pickerington, for instance, might buy an abandoned home with a defective deed but believe they legitimately own the property.
Squatters in Ohio do not need a color of title to claim adverse possession, though holding such a document may strengthen their claim. Instead, a squatter must meet all legal requirements and prove exclusive, open, hostile, and continuous possession for 21 years.
Supporting laws: Ohio Rev. Code § 2305.04, Grace v. Koch, 81 Ohio St.3d 577 (1998)
Does the squatter have to pay property taxes for adverse possession in Ohio?
As in many states, Ohio requires squatters to pay property taxes for the entire duration of their residency to qualify for adverse possession. You can review current local tax information at TurboTenant’s guide to Ohio Property Tax.
Paying property taxes does not reduce Ohio’s 21-year requirement for adverse possession, though consistent tax payments can help squatters prove their intent to own the property. Landlords should always stay up to date on taxes to avoid disputes or unwanted ownership claims.
Supporting laws: Ohio Rev. Code § 2305.04, Grace v. Koch, 81 Ohio St.3d 577 (1998)
How to Legally Remove Squatters from Your Property
If you’re dealing with a squatter in your vacant or abandoned property in Ohio, you’ll have to file an eviction action in the local municipal or county court. Follow these steps:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it’s safe to do so, try speaking with the squatter before filing for eviction. You could offer a cash-for-keys agreement, agree to cover basic moving costs, or set a firm move-out date in writing. These options may help you save time and avoid the stress of an eviction.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal in Ohio and all 50 states and can lead to fines, criminal charges, or a failed eviction if the squatter challenges you in court.
Step 2: Get in Touch With Local Law Enforcement
Next, contact your local law enforcement. Ask them to visit the property and speak with the squatter. Officers may determine that the person is trespassing rather than squatting, and if so, police can remove the individual on the spot without requiring a court order.
Step 3: Serve the Squatter a 3-Day Notice to Leave the Premises
If law enforcement cannot remove the squatter, you have to initiate a formal eviction. In Ohio, this means serving a 3 Day Notice to Leave the Premises, ordering the squatter to move out before you file for eviction. You can learn more about evicting squatters in our guide.
Step 4: File a Forcible Entry and Detainer Complaint Against the Squatter
If the squatter still refuses to leave after the 3 Day Notice deadline passes, you’ll next file a Forcible Entry and Detainer (FED) Complaint with the municipal or county court in your property’s county. This filing starts the Ohio eviction process.
Step 5: Present Your Case in Front of a Judge
When your hearing date arrives, bring clear evidence of squatting to strengthen your court case and convince the judge to rule in your favor. Common examples include:
- Photos or videos showing the squatter’s unauthorized residence
- Property deeds or other ownership records
- Witness statements from neighbors or maintenance workers
- Any evidence of previous attempts to communicate with or remove the squatter
During the hearing, the squatter will also present their own evidence, such as a color of title or property tax receipts. The judge will review all evidence before deciding whether to grant or deny the eviction.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge agrees that you’re the rightful property owner, the court will issue a Judgment for Restitution of the Premises, allowing you to request a Writ of Restitution. In Ohio, this writ authorizes the sheriff or bailiff to remove the squatter and return the property to you.
Once the Writ of Restitution has been obtained, law enforcement will serve or post it at the property. The squatter can file an appeal within 10 days of the judgment, but once the writ is active, enforcement moves forward unless the court orders a delay.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
Armed with a Writ of Restitution, law enforcement can remove squatters and return possession to you. Ohio state law does not address abandoned belongings, though some Ohio jurisdictions require landlords to store items for 30 days and notify the squatter before disposal.
Once your property is back in your possession, secure it right away. Replace your locks, post clear “No trespassing” signs, and plan regular inspections to keep the squatter from returning.
With the removal process complete, let’s take a look at some practical tips to prevent squatters from occupying your Ohio property in the future.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from living on your property in the first place. Follow these simple steps to keep your rental secure:
Inspect the property regularly: Visit your property often or ask a neighbor to keep an eye out for signs of entry, property damage, or unauthorized use.
Install security cameras: Set up visible security cameras near all entry points to deter squatters and record any illegal activity.
Act quickly against trespassers: Call law enforcement immediately if someone enters your property without permission. Doing so allows for quick, easy removal from your property.
Secure all entry points: Lock every door and window, repair any broken locks, and add motion-activated lights to help keep your property protected at all times.
Maintain the property: Mow the lawn, remove any trash, and collect mail to show squatters that you’re watching out for your property.
Fill vacancies quickly: List available rentals on a digital advertising platform. Quick turnover limits vacancies and deters squatters targeting empty units.
Screen tenants thoroughly: Use tenant screening tools to check a rental applicant’s income, eviction history, and background. Conducting careful screenings helps you rent to responsible tenants and avoid future problems.
In short, you’ll need to stay alert and proactive to protect your investment and keep squatters out of your Ohio rental property for good.
Digital Tools to Help Landlords Thwart Squatters
Landlords can easily manage squatters’ rights and adverse possession in Ohio by regularly inspecting their properties and taking quick action if unauthorized entry occurs. Preparation and awareness go a long way to stop squatters from gaining ground.
There are other helpful solutions out there, too. Using property management software helps you document occupancy and manage vacancies to prevent squatters from becoming a problem.
Create a free TurboTenant account today to protect your rental from squatters and manage your properties more efficiently.
FAQs: Squatters’ Rights & Adverse Possession Laws in Ohio
How long does it take a squatter to claim property rights in Ohio?
In Ohio, a squatter must live on and use a property continuously for at least 21 years to claim ownership under the state’s adverse possession laws. Any break in occupancy, such as an eviction or abandonment, restarts the 21-year requirement.
Can landlords remove squatters legally without taking legal action?
No, Ohio landlords must follow the formal eviction process to remove squatters, and only law enforcement can carry out the removal once the court issues a Writ of Restitution. Attempting to remove the squatter without an eviction 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. A holdover tenant was once a legal resident, but continues to live in the property after their lease expires. Landlords must undertake a formal eviction process to legally remove both squatters and holdover tenants.
Can a landlord turn off power or change locks to remove a squatter?
No, Ohio law forbids landlords from shutting off utilities or changing locks to force squatters out. This self-help eviction method is illegal and can result in fines or legal action against the property owner.