Squatters’ rights and adverse possession in Oklahoma often catch landlords off guard. For instance, imagine someone moving into a vacant Tulsa apartment without the landlord’s knowledge and refusing to leave, resulting in lost rent, unpaid utilities, and a costly legal battle to remove them.
Fortunately, landlords can take specific steps to defend their properties against squatters. In this guide, we’ll cover squatting in Oklahoma, the timelines for adverse possession, and the required steps for eviction. Keep reading to learn how you can respond to the threat of unauthorized occupants.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. They don’t sign rental paperwork or pay rent, and they lack the rights of a legal tenant, though they may claim the right to long-term occupancy or even property ownership.
For example, someone might move into an empty duplex, bring in furniture, turn on the power and water, and start receiving mail there. Because they never signed a lease or obtained the owner’s consent, they qualify as squatters rather than legal tenants.
Key Differences Between Squatters and Trespassers
Landlords need to understand the differences between squatters and trespassers, as each requires a different legal response.
Squatters
- Settle into a property and occupy it without the owner’s consent
- Try to establish the right to long-term residency or property ownership
- Force landlords to follow the formal eviction process instead of quick removal
Trespassers
- Enter a property without permission and leave shortly after
- Do not attempt to pursue ownership or residency
- Police can remove them immediately
In summary, squatters occupy a property long-term and can only be removed via eviction, while trespassers enter briefly and face immediate removal by law enforcement.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections that unauthorized occupants can obtain by occupying a property for an extended period. Squatters’ rights in Oklahoma are based on adverse possession laws, which encourage active use of property.
These rights mean that Oklahoma landlords cannot ignore unauthorized occupants or force them out themselves. Instead, squatters require a formal, court-ordered eviction. If landlords fail to act quickly, they could face months of costly, stressful delays, or even the loss of their property.
Can a squatter actually claim legal rights to a property?
Even though it may sound unfathomable, squatters can acquire legal title to property in Oklahoma through adverse possession. The process requires strict proof and years of uninterrupted possession, so landlords who monitor vacancies, document ownership, and act quickly can prevent adverse possession long before problems escalate.
Adverse Possession Laws in Oklahoma
Adverse possession allows a squatter to pursue legal ownership of property after meeting specific requirements. A squatter can only claim adverse possession when every condition below exists:
Actual: The squatter must physically use the property as an owner would, such as by living there, maintaining it, and making improvements.
Open and notorious: The squatter’s residence must remain visible, not hidden, so passersby and the original owner could reasonably notice someone occupying the property.
Hostile: The squatter must occupy the property without a lease agreement or other form of owner consent.
Exclusive: The squatter must maintain sole ownership of the property and cannot share it with the owner, tenants, or the public.
Uninterrupted: The squatter must continuously occupy the property for 15 years without abandonment or loss of possession.
Supporting law: 12 OK Stat § 93 (2024)
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Oklahoma, a squatter must occupy a property for 15 continuous years. The timeline shortens to 5 years in specific cases, such as tax sales or sales by executors, administrators, or guardians. Any break in possession resets the clock.
For example, a squatter who lives in a home for 14 years before leaving for 6 months could not claim the property through adverse possession, even if they return for another year. That interruption eliminates any valid claim of adverse possession under Oklahoma law.
Supporting law: 12 OK Stat § 93 (2024)
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 is legally flawed. For example, a squatter might receive an improperly recorded deed of sale from someone who never owned the property in the first place.
Many states require squatters to hold color of title to successfully claim adverse possession of a property, but Oklahoma does not. A color of title also cannot shorten the occupancy time requirement. However, it can strengthen a squatter’s position in the event of a court case.
Supporting law: 12 OK Stat § 93 (2024)
Does the squatter have to pay property taxes for adverse possession in Oklahoma?
Like having a color of title, paying property taxes isn’t strictly required for adverse possession in Oklahoma, but it can help support a squatter’s ownership claim.
Oklahoma law still requires squatters to meet all of the typical adverse possession conditions, regardless of tax payments. Landlords should always stay current on taxes to prevent ownership disputes, liens, and tax sales, which could shorten the occupancy time requirement to 5 years.
Supporting law: 12 OK Stat § 93 (2024)
How to Legally Remove Squatters from Your Property
Removing a squatter in Oklahoma requires following specific legal steps. Understanding the process will help you act quickly and avoid costly mistakes.
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by approaching the squatter for a calm conversation if you feel safe to do so. You could offer a cash-for-keys agreement, negotiate a specific move-out date, or set written terms to avoid eviction proceedings.
Important: Never attempt self-help eviction methods, which include utility shutoffs, use of force, or lockouts. Self-help evictions are illegal in Oklahoma and throughout the U.S. and may result in fines, criminal charges, or a failed eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit the property to assess the situation. Police may determine that the person is a trespasser rather than a squatter, and if so, they can remove the individual immediately, saving you time, hassle, and legal fees.
Step 3: Serve the Squatter a Notice to Quit
If law enforcement cannot remove the squatter, you’ll need to treat them like a tenant and begin the eviction process. Start by serving an immediate Notice to Quit, which formally asks the squatter to vacate the premises before you file for a court-ordered eviction.
Step 4: File a Forcible Entry and Detainer Petition Against the Squatter
If the squatter stays on your property after you’ve served a Notice to Quit, you’ll have to file a Forcible Entry and Detainer Petition in the county district court where your rental is located. This will officially initiate the Oklahoma eviction process and set a court hearing date.
Step 5: Present Your Case in Front of a Judge
During your court hearing, bring clear evidence of illegal occupancy and your right to ownership. Documentation like the following will help strengthen your argument and speed up a ruling in your favor.
- Proof of ownership, such as a recorded deed or property tax payments in your name
- Photos or videos showing the squatter’s unauthorized entry and occupancy
- Witness statements from neighbors or contractors
- Records of previous attempts to communicate with the squatter
The squatter will also receive time to present their own evidence, such as a color of title, property tax payment records, or proof of long-term possession. The judge will weigh arguments from both sides before making a decision, so strong evidence often determines the outcome of the case.
Step 6: Obtain a Writ of Execution, Authorizing Removal of the Squatter
If all goes well and the judge rules in your favor, they will issue a Judgment for Possession. This document allows you to request a Writ of Execution, which authorizes the sheriff to remove the squatter and restore possession of your property, in accordance with county procedures.
The squatter may appeal the decision within 30 days, but the eviction will proceed unless the court grants a stay. The sheriff will serve notice to the squatter, who typically must depart within 48 hours before the sheriff returns to physically remove them.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession in hand, the sheriff can physically remove squatters from your property. If the squatter leaves behind any personal belongings when they depart, you’ll have to store them for at least 30 days and attempt to notify them before disposal.
Once the squatter is gone, don’t waste any time in securing your property. Change the locks and plan regular inspections to prevent future squatter problems.
Now that you know how to remove squatters, let’s go over some practical tips that will help you prevent squatting issues in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent any unauthorized occupants from settling into your property. You can reduce the risk of squatting situations using these strategies:
Inspect the property regularly: Visit your vacant properties often to document conditions and check for unauthorized occupancy. Not only will this help you catch squatters early, but frequent visits also signal active ownership.
Install security cameras: Place visible, functioning cameras to monitor entry points and common areas. Cameras deter break-ins and help create evidence of trespassing or squatting.
Act quickly against trespassers: Respond immediately if you spot someone entering your property without permission. Early police involvement can prevent trespassers from establishing occupancy.
Secure all entry points: Lock doors, windows, gates, and other openings with strong hardware. Eliminating easy access to your property makes it harder for squatters to move in.
Maintain the property: Keep all lawns trimmed, collect mail frequently, and repair any damage promptly. A well-cared-for property looks occupied, making it less appealing to potential squatters.
Fill vacancies quickly: Market any vacant properties across multiple listing sites to help reduce downtime between tenants, leaving fewer opportunities for squatters to move into your rentals.
Screen future tenants thoroughly: Before approving a new tenant, verify renters’ income, rental history, and identity. Thorough tenant screening lowers your risks of eviction and occupancy disputes.
These prevention strategies reduce your risk of squatters, but no plan works perfectly. Fortunately, preparation and swift action will help protect Oklahoma landlords in the long term.
Digital Tools to Help Landlords Thwart Squatters
Landlords can confidently manage squatters’ rights and adverse possession in Oklahoma by staying informed, monitoring their rental properties, and following the proper legal steps.
You can also use reliable property management software to track vacancies, store records, and respond quickly before squatters gain leverage.
Create your free TurboTenant account today and take control of your properties before squatting situations arise.
FAQs: Squatters’ Rights & Adverse Possession Laws in Oklahoma
How long does it take a squatter to claim property rights in Oklahoma?
A squatter must occupy a property for 15 continuous years to claim adverse possession in Oklahoma. Their occupancy must also be actual, hostile, open, and exclusive. Any long absence or eviction resets the timer, ending the squatter’s adverse possession claim.
Can landlords remove squatters legally without taking legal action?
Landlords cannot legally remove squatters in Oklahoma, though police may remove unauthorized occupants immediately if they qualify as trespassers. Once someone establishes occupancy, landlords must follow the formal eviction process in court, starting with proper notice and ending with a Writ of Execution.
What’s the difference between a squatter and a holdover tenant?
A squatter never had permission to occupy a property and lacks a lease. Meanwhile, a holdover tenant initially legally rented a property but continues to occupy it after the lease expires. Oklahoma law treats holdover tenants as former renters, while squatters require a slightly different eviction process.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords cannot turn off utilities, change locks, or remove belongings to force a squatter out. These actions qualify as self-help eviction, which Oklahoma law bans. A landlord who attempts a self-help eviction may face fines, criminal charges, and a failed eviction case.