Squatters’ rights and adverse possession in Pennsylvania can quickly turn into a nightmare for property owners. Imagine someone entering a vacant Philadelphia rental and staying for as long as possible. Without prompt legal action, that squatter could fight for ownership, draining a landlord’s time, money, and peace of mind.
This article explains how squatters gain property rights through adverse possession, how to evict squatters legally, and how to prevent future issues. Keep reading to understand your options and protect your Pennsylvania property.
What is a squatter?
A squatter occupies a property without permission or a valid lease agreement. They move in without paying rent or signing paperwork, often targeting vacant rentals or abandoned homes. Landlords then face the challenging task of regaining control of their rightful property through Pennsylvania’s legal eviction process.
Imagine a vagrant slipping into your vacant rental and settling in without consent. They pay no rent, ignore your attempts to communicate, and refuse to leave. Though they technically hold no legal rights to your property, Pennsylvania law treats squatters similarly to tenants, forcing landlords to act quickly in court to remove them.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps Pennsylvania landlords avoid costly mistakes. Here’s a brief overview:
Squatters
- Settle into a property and stay long-term without the owner’s consent.
- Often push to gain legal standing or claim ownership rights.
- Require a full eviction process through Pennsylvania’s court system.
Trespassers
- Step onto a property without permission, but usually leave quickly.
- Have no intent to gain ownership or remain long-term.
- Can often be removed right away by local police.
Squatters settle into a property, while trespassers enter briefly and move on. Knowing the difference helps Pennsylvania landlords respond fast and choose the right legal path to removal.
Learn more squatters vs. trespassers in this comprehensive guide.
What are squatters’ rights?
Squatters’ rights, which come from adverse possession laws, let someone gain legal ownership by occupying property without the owner’s permission or a lease agreement.
In Pennsylvania, squatters’ rights can create serious challenges for landlords, as anyone who has openly lived on a property for 10 years without consent could claim ownership. Understanding these laws helps landlords act quickly to safeguard their investment and retain control of their valuable property.
Can a squatter actually claim legal rights to a property?
It may seem hard to believe, but squatters can legally claim property in Pennsylvania. On the bright side, the process takes years and requires squatters to meet a detailed series of strict legal conditions. Landlords can easily prevent these problems through proactive management and clear occupancy rules.
Adverse Possession Laws in Pennsylvania
Adverse possession in Pennsylvania allows a squatter to claim legal ownership of a property by occupying it without the owner’s permission. Landlords face a grave risk of losing their property if the squatter’s residency meets these five requirements:
Actual: The squatter must physically use the property like an owner would. For example, living in a vacant Philadelphia townhouse, paying utilities, and making repairs.
Open and notorious: The squatter’s presence must be easily visible to the original owner and passersby.
Hostile: The squatter must occupy the property without consent and against the owner’s interests.
Exclusive: The squatter cannot share the property with the owner or any other squatters.
Continuous: The squatter must maintain uninterrupted occupancy for 10 years in Pennsylvania. Temporary or intermittent stays do not qualify.
Supporting law: 42 Pa. Cons. Stat. § 5527.1
Occupancy Time Requirements for Adverse Possession
A squatter must occupy a property continuously for at least 10 years to claim adverse possession in Pennsylvania. Their residency must also be uninterrupted, visible, exclusive, and hostile before the squatter can attempt to gain ownership through the courts.
For example, someone living on and off in a vacant Pittsburgh rental for 15 years cannot claim adverse possession. However, the landlord would still need to file a formal eviction case in order to remove them.
Supporting law: 42 Pa. Cons. Stat. § 5527.1
Does the squatter need to have a color of title (or Pennsylvania equivalent) to claim adverse possession?
In Pennsylvania, a color of title is a written document, like a deed, that appears to give ownership but may be legally flawed. For instance, a squatter could stumble upon an old, improperly recorded deed to a vacant Philadelphia row house and claim it as their own.
Squatters in Pennsylvania do not need a color of title to claim adverse possession. They must only meet the state’s legal possession requirements, which includes 10 years of continuous, hostile, actual, open, and exclusive occupancy.
Supporting law: 42 Pa. Cons. Stat. § 5527.1
Does the squatter have to pay property taxes for adverse possession in Pennsylvania?
Pennsylvania does not require squatters to pay property taxes to claim adverse possession.
Paying property taxes also does not reduce the 10-year occupancy requirement for adverse possession in Pennsylvania. Landlords should keep taxes current to protect their property, avoid liens, and maintain clear ownership, thereby preventing squatters from developing a claim of ownership.
Supporting law: 42 Pa. Cons. Stat. § 5527.1
How to Legally Remove Squatters from Your Property
Dealing with a squatter? Follow these steps to remove squatters from your Pennsylvania property and regain control quickly, safely, and in full compliance with state law.
Step 1: Attempt to Convince The Squatter to Leave Willingly
Consider offering the squatter a cash-for-keys agreement or providing relocation assistance to avoid lengthy, potentially costly eviction proceedings. Never use self-help eviction methods, which are illegal in all 50 states and can result in fines, criminal charges, or a failed eviction.
Step 2: Get in Touch With Local Law Enforcement
Next, ask a law enforcement officer to visit your property and speak directly with the unauthorized resident. If they turn out to be a trespasser (rather than a long-term occupant), Pennsylvania law enforcement can typically remove them immediately and return your property to you afterward.
Step 3: Serve the Squatter a 10-Day Notice to Quit
If law enforcement can’t remove the squatter right away, Pennsylvania landlords must follow the formal eviction process as they would with a tenant. Begin by issuing a 10-Day Notice to Quit that clearly states the occupant must vacate within the required timeframe.
Step 4: File a Complaint in Ejectment Against the Squatter
If a squatter remains after the Notice to Quit deadline, Pennsylvania landlords must file a Complaint in Ejectment at the local magisterial district court. This legal action starts the formal Pennsylvania eviction process.
Step 5: Present Your Case in Front of a Judge
To convince the judge to restore possession to you, you’ll need to provide strong evidence in your favor. Common examples include:
- Photos or videos showing the squatter’s unauthorized presence on your property
- Records of communications and previous attempts to convince the squatter to leave
- Witness statements from neighbors, property managers, or contractors
- Records of damage, unauthorized changes, or other attempts to claim ownership
The squatter can also present their own evidence, including records like color of title or previous property tax payments. Pennsylvania landlords who prepare thorough documentation should be able to easily prove unauthorized squatting and obtain a Judgment for Possession.
Step 6: Obtain an Order of Possession, Authorizing Removal of the Squatter
If the judge rules in your favor, Pennsylvania courts issue a Judgment for Possession, allowing landlords to request an Order of Possession from the magisterial district court. These documents authorize the sheriff to remove the squatter and return the property safely.
In Pennsylvania, the sheriff should serve the Order of Possession, which gives the squatter at least 10 days to vacate. During this period, the squatter can file an answer or appeal, offering a brief opportunity to contest the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With an Order of Possession, Pennsylvania landlords can ask law enforcement to physically remove squatters from their property after the 10-day deadline. Should the squatter leave any personal belongings behind, the landlord must notify the tenant and wait up to 30 days before disposing of the items.
After the squatter departs, secure your property by changing the locks, repairing any damage, and installing clear “No Trespassing” signs.
Completing these steps completes the eviction process. Next, we’ll talk about other practical tips to prevent squatters from occupying your property in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatting situations is to prevent squatters from ever occupying your property. Use these proactive strategies to secure and manage your rental effectively.
Inspect the property regularly: Walk through the property frequently to spot signs of trespassing, damage, or other suspicious activity, especially during vacant periods.
Install security cameras: Position visible cameras at entrances, windows, and common areas. Surveillance deters squatters and provides valuable evidence if legal action becomes necessary.
Act quickly against trespassers: If you see someone on your property without permission, contact local law enforcement immediately to prevent long-term unauthorized occupancy.
Secure all entry points: Lock doors, windows, and gates, and reinforce weak areas to reduce the chances of unauthorized entry.
Maintain the property: Keep lawns mowed, exterior lights in working condition, and the property tidy. Well-maintained properties signal active ownership and discourage squatters.
Fill vacancies quickly: Advertise available rentals promptly on TurboTenant or a similar site to minimize empty time and reduce the risk of squatters.
Screen future tenants thoroughly: Verifying a potential renter’s employment, rental history, and criminal background through in-depth tenant screening helps up your chances of finding reliable tenants and reduces the risk of occupancy issues.
Implementing these strategies protects your property, keeps control of your rental in your hands, and reduces the risk of squatter problems before they start.
Digital Tools to Help Landlords Thwart Squatters
With the proper knowledge and precautions, landlords can understand squatters’ rights and adverse possession in Pennsylvania and protect their properties from potential legal problems.
To do so, use property management software to track occupancy, keep an eye on vacant properties, and maintain detailed records. All of these tools can be a strong defense against squatters.
Create a free TurboTenant account today to start managing your properties with confidence.
FAQs: Squatters’ Rights & Adverse Possession Laws in Pennsylvania
How long does it take a squatter to claim property rights in Pennsylvania?
A squatter can claim ownership through adverse possession after 10 years of continuous, hostile, open, actual, and exclusive occupancy in Pennsylvania. They must treat the property as their own for the entire period under Pennsylvania law.
Can landlords remove squatters legally without taking legal action?
No, Pennsylvania landlords cannot remove squatters on their own. They must follow the formal eviction process in court. Self-help methods, such as changing locks, turning off utilities, or removing belongings, are illegal and 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 and may attempt to claim ownership. A holdover tenant stays after a lease expires, but originally held legal tenancy. Landlords must still provide proper notice and pursue a formal eviction if the tenant refuses to leave.
Can a landlord turn off power or change locks to remove a squatter?
No. Pennsylvania law prohibits shutting off utilities or changing locks on a squatter. Only a sheriff can enforce a court-issued Writ of Possession, which is given after a Judgment for Possession. Violating this process can result in fines, criminal charges, or a failed eviction.