Squatters’ rights and adverse possession in Rhode Island can quickly turn a vacant property into a massive headache. Imagine finding out that someone moved into your empty Newport rental and now claims the right to stay. If left unchecked, the situation can quickly snowball into a costly legal battle.
In this article, we’ll cover how Rhode Island defines squatters, the timelines for adverse possession, and the process for removing an unauthorized occupant. Keep reading to learn how you can protect your property.
What is a squatter?
A squatter is someone who occupies a property without the owner’s permission or a valid lease agreement. They move in without legal authorization and often refuse to leave, even though they don’t sign a rental contract or pay rent to the rightful owner.
For example, someone might move into a vacant house during renovations and start living there full-time. Since they don’t have the owner’s consent or a signed lease, that person qualifies as a squatter under Rhode Island law.
Key Differences Between Squatters and Trespassers
Landlords must understand the key differences between squatters and trespassers to determine how to proceed with removal.
Squatters
- Occupy a property long-term without the owner’s consent
- Attempt to establish the right to occupy or own the property
- Landlords must pursue a formal eviction to remove squatters
Trespassers
- Enter a property without authorization, but typically leave quickly
- Do not attempt to claim ownership or establish long-term residence
- Law enforcement can typically remove them right away
In short, squatters stay on a property for an extended time period and may attempt to gain legal rights, while trespassers just enter briefly and face immediate removal by law enforcement.
What are squatters’ rights?
Squatters’ rights in Rhode Island are the limited legal protections that an unauthorized occupant may gain through long-term residence. Though squatters’ rights don’t automatically grant ownership, they do complicate the landlords’ removal process.
In Rhode Island, squatters’ rights can also allow someone to gain legal property rights via a process known as adverse possession. If you discover an unauthorized occupant on your property and fail to act quickly, you could have a costly legal battle on your hands.
Can a squatter actually claim legal rights to a property?
As unbelievable as it may sound, a squatter can claim legal rights to property in Rhode Island through adverse possession. However, the process is challenging and time-consuming, so landlords who monitor their properties and take swift action can easily prevent adverse possession claims.
Adverse Possession Laws in Rhode Island
Adverse possession in Rhode Island gives a squatter a legal route to take control of a property from the lawful owner. First, though, the squatter must be able to prove to the courts that their residency meets the following conditions:
Actual: The squatter must physically use and control the property like an owner would, such as by living there, maintaining the grounds, or making visible improvements. They can’t just visit occasionally or store belongings there.
Open and notorious: The squatter must occupy the property in a manner that the original owner could reasonably notice. They can’t attempt to hide the fact that they’re living on the property.
Hostile: The squatter must occupy the property in a manner that goes against the original owner’s rights. No actual confrontation has to occur.
Exclusive: The squatter must live on the property alone and cannot share possession with the original owner, other squatters, or tenants.
Uninterrupted: The squatter must remain on the property for at least 10 consecutive years without interruption to successfully claim adverse possession in Rhode Island.
Supporting law: R.I. Gen. Laws § 34-7-1, § 34-7-9
Occupancy Time Requirements for Adverse Possession
Adverse possession in Rhode Island requires a squatter to occupy a property for at least 10 years in uninterrupted, quiet, peaceful, and actual possession. Any absence, break in possession, or successful eviction resets the timer, requiring the squatter to restart their claim.
For example, a person who lives in a Providence home for 3 years before the owner discovers and evicts them could not claim adverse possession of the property, even if they return later.
Supporting law: R.I. Gen. Laws § 34-7-1
Does the squatter need to have a color of title to claim adverse possession?
A color of title is a document that appears to grant ownership of a property, but contains a legal defect. Picture someone receiving a faulty deed after purchasing a Warwick apartment from a fraudulent seller.
Though some states require color of title for a valid adverse possession claim, Rhode Island does not. Having a color of title also does not shorten the occupancy time requirement. Instead, the squatter must be able to prove 10 years of continuous, actual, hostile, exclusive, and open possession.
Supporting law: R.I. Gen. Laws § 34-7-1
Does the squatter have to pay property taxes for adverse possession in Rhode Island?
In many states, squatters must pay all assessed property taxes to pursue adverse possession. Rhode Island, however, does not have this requirement.
Paying property taxes also does not shorten the 10-year occupancy requirement for adverse possession in Rhode Island. Squatters may provide property tax payment records as proof of long-term possession, though, so owners must stay up to date on all tax payments to prevent ownership disputes.
Supporting law: R.I. Gen. Laws § 34-7-1
How to Legally Remove Squatters from Your Property
To remove a squatter from a Rhode Island property, landlords must follow the state’s typical eviction process. Here’s how you can remove an unauthorized occupant:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, you can negotiate directly with the squatter to avoid a long, stressful eviction. You could offer a written move-out agreement, propose a cash-for-keys deal, or provide relocation assistance to quickly get the squatter off your property.
Important: Never attempt to remove a squatter yourself using self-help eviction methods, such as shutting off utilities or changing the locks. These tactics are illegal in all 50 states and could result in a dismissal of your eviction case, fines, or even criminal charges.
Step 2: Get in Touch With Local Law Enforcement
On the other hand, you can also ask local law enforcement officers to visit your property and assess the situation. The police may determine that the person is a trespasser rather than a squatter, in which case they can remove them right away.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement can’t remove the occupant, you have to evict them as if they were a tenant. You’ll start the process by serving the squatter a 5-Day Notice to Quit, a formal, written demand that the squatter either leave the property or face court action.
Step 4: File a Complaint for Eviction Against the Squatter
If the squatter doesn’t leave after the notice deadline passes, you’ll need to file a Complaint for Eviction in the District Court where your property is located. This officially begins the Rhode Island eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
Bring strong evidence to the eviction hearing to prove your legal ownership and convince the judge to rule in your favor. Documentation often includes:
- Property deed in your name
- Photos or videos of the unauthorized occupancy
- Records of previous communication attempts
- Police reports or witness statements confirming the squatter’s presence
The squatter will also have time to present their case. They may show a color of title, property tax payment records, or other proof of long-term occupancy. The courts will then weigh both sides and determine who has the right to own the property.
Step 6: Obtain an Execution for Possession
If the judge sides with you, the court will enter a Judgment for Possession. The squatter has 5 calendar days to appeal the decision, but if no appeal is claimed, the court issues an Execution for Possession to the local sheriff or a certified constable for enforcement.
If the squatter appeals the eviction decision, they must typically make rent payments to stay the execution of the eviction. To ensure the eviction proceeds, you should closely monitor the legal proceedings and refuse to accept any rent payments.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Execution for Possession grants law enforcement the authority to physically remove the squatter from your property and restore possession to you. Rhode Island law does not specify how to handle abandoned belongings, but it’s best practice to store items for a reasonable period and give notice before disposal.
After you get your property back, secure it immediately. Change the locks, board any vulnerable entry points, and conduct regular inspections to prevent future unauthorized entry.
With the removal process complete, let’s review 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 squatters is to prevent unauthorized occupancy before it starts. These proactive management strategies reduce risk and help you protect your Rhode Island rental:
Inspect the property regularly: Visit vacant properties frequently to check for signs of unauthorized entry or occupation. Document each inspection with photos and written notes to establish a clear record.
Install security cameras: Visible, functioning security cameras deter unauthorized entry and create valuable evidence if someone attempts to move into your rental property without your permission.
Act quickly against trespassers: Contact local law enforcement immediately upon discovering unauthorized entry. By taking action quickly, you can keep squatters from gaining a foothold and expedite removal.
Secure all entry points: Lock doors and windows, reinforce secondary access points, and repair any damage immediately. Security measures like deadbolts, motion-sensing lights, and alarm systems can reduce vulnerability during vacancies.
Maintain the property: Stay up to date on landscaping, mail collection, and debris removal. A well-maintained exterior signals active ownership and discourages squatters seeking abandoned properties.
Fill vacancies quickly: Long downtimes between tenants can attract unauthorized occupants. Use digital tools to advertise your rental property, so you can place well-qualified renters and keep out squatters.
Screen future tenants thoroughly: Reliable tenant screening tools can help you place responsible renters and avoid issues such as holdover tenants or tenants who invite unauthorized residents.
These tips can help you keep your Rhode Island property safe from squatters. Before we wrap up, though, let’s take a look at a few other ways to protect your rentals long-term.
Digital Tools to Help Landlords Thwart Squatters
By being prepared, landlords can easily manage squatters’ rights and adverse possession in Rhode Island, keeping rentals out of the hands of unauthorized occupants.
Using reliable property management software helps landlords track vacancy rates, schedule regular property inspections, and store documents, providing a valuable defense against squatters.
Create your free TurboTenant account today to learn more about all of our property management tools.
FAQs: Squatters’ Rights & Adverse Possession Laws in Rhode Island
How long does it take a squatter to claim property rights in Rhode Island?
A squatter must occupy a property for at least 10 continuous years to pursue adverse possession in Rhode Island. The possession must also be actual, open, hostile, and exclusive for the full statutory period. Having the title in your name or paying property taxes does not shorten this time requirement.
Can landlords remove squatters legally without taking legal action?
If police determine that an unauthorized occupant is a trespasser, they may remove them immediately. However, if the person attempts to claim long-term residency or ownership rights, landlords must follow Rhode Island’s formal eviction process and obtain an Execution for Possession to regain their property lawfully.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies property without a lease or permission, and a holdover tenant originally had a valid lease but continues to occupy after it expires. Holdover tenants still fall under landlord-tenant law, while squatters never had lawful possession and have no tenant rights.
Can a landlord turn off power or change locks to remove a squatter?
No. Rhode Island law prohibits all forms of self-help eviction, including shutting off utilities, removing belongings, or changing locks to force someone out. Landlords must pursue an eviction and obtain a court-ordered execution for Possession before law enforcement can remove the occupant.