Squatters’ rights and adverse possession in Oregon can cause significant problems for landlords. For instance, someone might move into a vacant Portland duplex, change the locks, and claim the right to stay. Their actions could cause months of unpaid rent, property damage, and stressful court proceedings.
On the bright side, landlords can easily defend their properties against squatters by staying informed and taking swift action. Keep reading to learn how Oregon defines squatters, how adverse possession works, and a few practical steps landlords can take to protect their properties.
What is a squatter?
A squatter is an unauthorized occupant who lives on a property without permission or a valid lease agreement. They often move into vacant properties during gaps between tenants, never paying rent or signing any paperwork. As such, they don’t receive tenant rights under Oregon law.
Imagine a Eugene landlord leaving an apartment vacant for renovations, only to find a stranger living inside months later. The occupant never received the owner’s permission, pays no rent, and ignores requests to leave, all of which classify them as a squatter.
Key Differences Between Squatters and Trespassers
Though both squatters and trespassers enter a property without authorization, it is important to understand the differences between the two.
Squatters
- Take up long-term residence in a property without the owner’s consent
- Try to assert the right to stay or gain ownership over time
- Force landlords to follow the formal eviction process instead of quick removal
Trespassers
- Enter the property without permission and typically leave quickly
- Make no claim to ownership or long-term occupancy rights
- Law enforcement can remove them on the spot in most situations
Basically, landlords should know that squatters stay on a property long-term and require eviction, while trespassers enter briefly and usually face immediate removal by police.
What are squatters’ rights?
Squatters’ rights in Oregon describe the limited legal protections that a squatter can gain by occupying property without permission for an extended period of time. The concept stems from Oregon’s adverse possession laws. You can learn more at TurboTenant’s guide to squatters’ rights.
The existence of squatters’ rights means that landlords cannot remove occupants by force, lock them out, or cut off utilities. Instead, property owners must follow the Oregon eviction process and act quickly, since delays can strengthen a squatter’s position and adverse possession claims.
Can a squatter actually claim legal rights to a property?
Although it might sound unbelievable, squatters can attempt to claim legal rights to property in Oregon through adverse possession. The process requires strict proof and rarely succeeds, though, so landlords who document ownership, monitor vacancies, and act quickly can easily defeat adverse possession claims.
Adverse Possession Laws in Oregon
Adverse possession in Oregon allows a squatter to pursue legal ownership of a property they do not own. First, though, their residence has to meet the following conditions:
Actual: The squatter must physically use the property as an owner would. Living in a home, maintaining it, or making visible improvements all qualify as actual possession.
Open and notorious: The squatter’s occupancy must remain obvious and cannot be hidden from the owner or passersby.
Hostile: The squatter must occupy the property against the original owner’s rights, even if the squatter mistakenly believes they have the right to stay.
Exclusive: The squatter must occupy the property alone and cannot share it with the original owner or any other squatters.
Uninterrupted: In Oregon, the squatter must live on the property for at least 10 continuous years to claim adverse possession.
Supporting law: ORS 105.620
Occupancy Time Requirements for Adverse Possession
Adverse possession in Oregon requires a squatter to occupy a property continuously for at least 10 uninterrupted years. Any significant break in possession, or the owner regaining control of the property, resets the clock, regardless of how long the squatter previously occupied the property.
Consider a squatter who lives in a vacant home for 8 years, then leaves for 6 months and returns. That interruption breaks Oregon’s occupancy time requirement and prevents the squatter from successfully claiming adverse possession despite those prior 8 years.
Supporting law: ORS 105.620
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 contains a legal defect that prevents the property from changing hands. For example, a buyer could record a deed later found to describe the wrong parcel of land.
Though many states require squatters to hold color of title for an adverse possession claim, Oregon does not. Holding a color of title also does not shorten Oregon’s occupancy time requirement, though having this document can strengthen an adverse possession claim. Instead, squatters must meet the conditions above.
Supporting law: ORS 105.620
Does the squatter have to pay property taxes for adverse possession in Oregon?
In many states, squatters must pay property taxes to claim adverse possession. However, Oregon is not one of them.
Like holding a color of title, paying property taxes can help support a squatter’s claim, but doing so does not shorten the occupancy timeline requirement. Regardless, landlords should stay current on all tax payments to avoid ownership disputes and issues such as liens and foreclosures.
Supporting law: ORS 105.620
How to Legally Remove Squatters from Your Property
If you discover a squatter living on your Oregon property, you’ll have to follow specific steps to regain possession. Here’s how to remove squatters the right way:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, start by communicating calmly with the squatter. Offering relocation assistance, agreeing to a voluntary move-out date, or suggesting a cash-for-keys agreement might help you avoid lengthy and often costly eviction proceedings in court.
Important: Never attempt to remove the squatter by changing the locks or turning off utilities. These actions constitute self-help eviction, which is illegal in all 50 states and can result in fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Contact local law enforcement and ask an officer to visit your property. Police may view the situation as trespassing rather than squatting, and if officers determine that the occupant has no legal right to stay, they can remove the trespasser immediately and restore possession to you.
Step 3: Serve the Squatter a 30-Day Notice to Vacate
If law enforcement cannot remove the occupant, then you’ll have to legally evict them. Starting in 2026, landlords only have to provide squatters with a written 24 Hour Notice to Vacate, which requires the squatter to leave within the day or face eviction proceedings in court.
Step 4: File a Forcible Entry and Detainer (FED) Complaint Against the Squatter
If the notice deadline passes and the squatter stays on your property, you’ll have to file a Forcible Entry and Detainer (FED) complaint in the circuit court where the property is located. This filing formally begins the Oregon eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
Bring clear proof of squatting to strengthen your case before the judge. You can establish your right to ownership with documentation like the following:
- Proof of ownership, such as a deed or recorded title with your name on it
- Photos or videos of the squatter’s unauthorized occupancy
- Witness statements from neighbors or contractors
- Property tax payment records
The squatter also gets time to present evidence. They may bring a color of title, proof of long-term occupancy, or tax payment records. The judge will weigh both sides carefully before making a decision, so strong evidence is crucial to support your argument.
Step 6: Obtain a Writ of Execution of Judgment of Restitution, Authorizing Removal of the Squatter
If the judge rules for you, the court will enter a Judgment of Restitution. You’ll then ask the court clerk to issue a Notice of Restitution, which gives the occupant 4 days to move out. After those 4 days, you can request a Writ of Execution of Judgment of Restitution.
The sheriff will serve the Writ, along with a notice of trespass, at your property and give the squatter a few days to move out voluntarily. The squatter may file an appeal, but typically must post a bond or cash deposit to stay the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Execution of Judgment of Restitution, the sheriff can physically remove the squatter from your property. If the squatter leaves behind any personal belongings, you’ll have to store them for at least 15 days and send notice to the squatter’s last known address before disposal.
Next, secure your property immediately by changing the locks and scheduling frequent inspections. Doing so prevents the squatter from returning or new squatters from moving in.
Now that you know how to remove squatters, let’s take a look at some practical tips that will keep squatters from occupying your property again.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from moving in in the first place. These strategies will dramatically reduce the risk of unauthorized occupancy:
Inspect the property regularly: Visit vacant units frequently to spot signs of forced entry or unauthorized occupancy early. Regular presence signals active ownership and discourages squatters from settling in.
Install security cameras: Use visible cameras to monitor entry points and document activity. Cameras deter unauthorized entry and record evidence of anyone attempting to occupy your property without permission.
Act quickly against trespassers: Report any unauthorized entry to law enforcement immediately. Early intervention keeps trespassers from establishing a residency that might qualify them for squatters’ rights.
Secure all entry points: Lock doors, secure windows, and repair any weak access points. Strong physical barriers will make it harder for squatters to target your property.
Maintain the property: Ensure all areas are clean and show no signs of damage, including yards and fences. A well-maintained property looks occupied, discouraging unauthorized use.
Fill vacancies quickly: Since squatters often target vacant properties, eliminate their window of opportunity by advertising rentals across dozens of listing sites.
Screen future tenants thoroughly: Verify applicants’ identity, rental history, and income to avoid problem occupants. Strong tenant screening via platforms like TurboTenant can lower your risk of future ownership disputes.
With these prevention strategies in place, let’s take a look at a few other ways you can improve rental property management and keep out squatters.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily navigate squatters’ rights and adverse possession in Oregon by taking swift action and using the right tools.
Reliable property management software like TurboTenant helps landlords track vacancies, store records, and respond quickly to squatters and other issues.
Create your free TurboTenant account today to simplify rental property oversight and stay protected, no matter what you might encounter.
FAQs: Squatters’ Rights & Adverse Possession Laws in Oregon
How long does it take a squatter to claim property rights in Oregon?
A squatter must occupy a property continuously for at least 10 uninterrupted years to pursue adverse possession in Oregon. Any break in occupancy, including an eviction, resets the clock. Holding color of title and paying property taxes do not shorten Oregon’s timeline requirement.
Can landlords remove squatters legally without taking legal action?
Landlords generally cannot remove squatters without taking legal action. If police treat the situation as trespassing, officers may remove the occupant immediately. Otherwise, landlords must follow Oregon’s eviction process, starting with proper notice and proceeding through the courts to regain possession lawfully.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies property without permission and never had a lease, whereas a holdover tenant initially rented a property legally but stayed after the lease ended. Holdover tenants retain limited tenant protections and are subject to standard eviction proceedings, while squatters face an expedited eviction process.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities or changing locks qualifies as an illegal self-help eviction in Oregon. These actions can lead to fines, criminal charges, or a failed eviction case. Landlords must rely on law enforcement and a court-ordered eviction to legally and safely remove squatters.