Squatters’ rights and adverse possession in Tennessee can often catch landlords by surprise. Picture someone moving into a vacant Memphis rental home, changing the locks, and claiming the right to stay (or even own the property). This situation could lead to a costly legal battle just to recover possession.
However, rest assured that landlords can easily protect their rentals with proper preparation. Here, we’re going over Tennessee’s squatting laws, adverse possession requirements, and more. Keep reading to find out everything you should know.
What is a squatter?
A squatter is someone who occupies property without the owner’s permission or a valid lease agreement. Squatters never sign rental documents or receive lawful possession, and as a result, they technically have no legal right to stay on the property.
For example, a Tennessee squatter might move into a vacant Nashville apartment, begin living there openly, and claim they can stay long-term. Because the owner never consented and no lease exists, the occupant qualifies as a squatter rather than a tenant under Tennessee law.
Key Differences Between Squatters and Trespassers
Though Tennessee courts now treat squatting as criminal trespass under laws passed in 2024, landlords must still understand the technical differences between squatters and trespassers.
Squatters
- Occupy a property for an extended time period without the owner’s consent
- Attempt to establish the right to ownership over time
- May require a formal eviction for removal
Trespassers
- Enter the property without permission, but typically leave quickly
- Do not attempt to pursue ownership claims
- Law enforcement can often remove them immediately
Squatters remain on a property long term and may pursue legal claims, while trespassers enter briefly without any intent to stay. In Tennessee, law enforcement can quickly remove both trespassers and squatters.
What are squatters’ rights?
Squatters’ rights in Tennessee describe the legal principles that allow unauthorized occupants to gain limited protections over time. These rights stem from adverse possession laws, which are designed to encourage active use of property.
In Tennessee, squatters’ rights mean landlords cannot ignore unauthorized occupants indefinitely. If owners fail to act, a squatter may eventually attempt to claim ownership through adverse possession, so landlords should always act promptly to avoid ownership disputes.
Can a squatter actually claim legal rights to a property?
Although it may sound unfathomable, squatters can acquire legal title to property in Tennessee through adverse possession. However, the process is difficult and requires strict proof. Landlords who monitor their vacant properties and act quickly can easily prevent squatters from developing adverse possession claims.
Adverse Possession Laws in Tennessee
A squatter can legally acquire title to property from the original owner through adverse possession in Tennessee. To successfully claim adverse possession, though, the squatter must be able to prove that their residence met these strict statutory requirements:
Actual: The squatter must physically use the property as an owner would, such as by living in the home, maintaining it, or making improvements. They can’t just visit or store belongings there.
Open and notorious: The squatter must make their residence obvious enough for the original owner to notice reasonably, and cannot attempt to hide their occupation.
Hostile: The squatter must live on the property without the owner’s permission and in violation of the owner’s rights. In other words, they cannot have the owner’s consent or a lease agreement.
Exclusive: The squatter must occupy the property alone and cannot share ownership with the original owner, other squatters, or tenants.
Uninterrupted: The squatter must occupy the property for either 20 years (or 7 years with a color of title).
Supporting law: Tennessee Code § 28-2-101, § 28-2-105
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in Tennessee, a squatter must fulfill all of the above conditions and occupy the property for 20 continuous years, or 7 years with color of title. Any absence or eviction resets the clock, requiring the squatter to start their claim from scratch.
For example, a squatter who lives in a vacant Knoxville property for 4 years, then leaves for several months, fails to meet Tennessee’s continuous occupancy requirement. Even if they later return, they would not be able to gain property rights via adverse possession.
Supporting law: Tennessee Code § 28-2-101, § 28-2-105
Does the squatter need to have a color of title to claim adverse possession?
The color of title refers to a written document that appears to grant ownership but contains a legal defect. For example, a buyer could receive a faulty deed for a home and move in, believing the paperwork transferred ownership.
While Tennessee squatters do not need a color of title to claim adverse possession, holding such a document does reduce the occupancy time requirement from 20 years to 7 years. Without a color of title, the squatter must reside on the property for the full 20-year period.
Supporting law: Tennessee Code § 28-2-101, § 28-2-105
Does the squatter have to pay property taxes for adverse possession in Tennessee?
In many states, squatters must pay property taxes to pursue adverse possession. However, Tennessee does not require squatters to pay property taxes.
Paying property taxes also does not shorten the occupancy time requirement. Still, squatters may use property tax payments as proof of long-term occupancy to support an adverse possession claim, so landlords should stay current on taxes to prevent ownership disputes, as well as liens and foreclosures.
Supporting law: Tennessee Code § 28-2-101, § 28-2-105
How to Legally Remove Squatters from Your Property
Tennessee is one of several states that have passed laws allowing landlords to evict squatters quickly. However, you may still need to pursue an eviction if the squatter attempts to claim adverse possession, so here’s what you should know:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, convincing the squatter to move out voluntarily may be the quickest solution. You could offer relocation assistance, negotiate a firm move-out date, or propose a cash-for-keys agreement to regain possession of your property without involving law enforcement.
Important: Never try to remove a squatter yourself by shutting off the utilities, removing their belongings, or issuing threats. These tactics, known as self-help evictions, are illegal in all 50 states and can result in fines, criminal charges, or a dismissed eviction case.
Step 2: Get in Touch With Local Law Enforcement
If you can’t convince the squatter to leave, reach out to local law enforcement. Under Tennessee law, squatting constitutes criminal trespass, and once you provide proof of ownership, officers can remove the squatter within 72 hours. They can also remove trespassers on the spot.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If the squatter has lived on the property long-term and attempts to claim adverse possession, you may have to proceed with an eviction. You’ll start the process by issuing a 3-Day Notice to Quit, which demands that the squatter leave or face legal action.
Step 4: File a Detainer Warrant Against the Squatter
If the squatter doesn’t leave after 3 days, you’ll need to file a Detainer Warrant in the local General Sessions Court where your rental property is located. Doing so starts the Tennessee eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, bring clear evidence to present to the judge. You can easily prove your right to ownership and the squatter’s unlawful presence by providing documentation such as:
- Recorded deeds or property tax payments in your name
- Photos or videos of the squatter’s presence on your property
- Written records of previous attempts to communicate with the squatter
- Witness statements from neighbors or contractors
The squatter will also have an opportunity to defend themselves. They may present a color of title, property tax payment records, or other proof of long-term occupancy to establish an adverse possession claim. The judge will review all evidence carefully before making a decision.
Step 6: Obtain a Writ of Possession
If the judge sides with you, the court issues a Judgment for Possession. The squatter has 10 days to move out voluntarily or appeal the decision, though filing an appeal requires them to post a bond equal to a year’s rent.
If they do neither, you can request a Writ of Possession authorizing law enforcement to remove the squatter from your property. The local sheriff will conduct the eviction and record proof of service for the court.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession, law enforcement has the authority to remove the squatter from the property physically. If the squatter leaves behind any personal belongings, you must store them for at least 30 days and attempt to notify the squatter before disposing of the items.
After your property is back in your possession, change the locks, post No Trespassing signs, and schedule regular inspections to prevent future squatting.
Now that you know how to remove an unauthorized occupant from your property, let’s go over a few strategies to ensure squatters stay out altogether.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from the start. Consistent oversight and basic property safeguards can drastically reduce the risk of long-term squatting issues.
Inspect the property regularly: Visit your vacant properties frequently, keeping an eye out for early warning signs of unauthorized occupancy, such as broken locks or personal belongings.
Install security cameras: Visible, functioning security cameras deter unauthorized entry and provide valuable evidence if someone enters your property without permission.
Act quickly against trespassers: If you spot trespassers on your property, contact law enforcement immediately so you can remove them quickly before they establish long-term claims.
Secure all entry points: Lock all doors and windows using strong hardware and secure any secondary access points. This discourages any squatters looking for easy targets.
Maintain the property: Well-kept properties signal active ownership. Routine maintenance, lawn care, and property repairs make your property look occupied, so squatters don’t get any ideas.
Fill vacancies quickly: Advertise your rental property promptly so you can fill vacancies with paying tenants, reducing the risk of squatters moving in.
Screen future tenants thoroughly: Before signing a lease with a new tenant, verify their identity, rental history, and income using reliable tenant screening tools to rent to trustworthy tenants.
With these prevention strategies, you can easily keep out squatters. Let’s wrap up with a few final suggestions to protect your Tennessee property long-term.
Digital Tools to Help Landlords Thwart Squatters
Landlords can confidently handle squatters’ rights and adverse possession in Tennessee by staying informed, acting quickly, and using practical tools to protect their rentals.
Reliable property management software helps landlords track occupancy, document ownership, and respond quickly if unauthorized occupants attempt to settle in.
Create your free TurboTenant account today to stay ahead of squatter issues and keep your property safe from unauthorized residents.
FAQs: Squatters’ Rights & Adverse Possession Laws in Tennessee
How long does it take a squatter to claim property rights in Tennessee?
In Tennessee, a squatter can claim property rights after living on a property for at least 7 continuous years with color of title, or 20 continuous years without color of title. Their residence must also be actual, open, hostile, and exclusive to fulfill state law requirements.
Can landlords remove squatters legally without taking legal action?
Under state laws passed in 2024, landlords in Tennessee can legally remove squatters by contacting law enforcement and providing proof of ownership. However, if a squatter has lived on a property long enough to claim adverse possession, the landlord must pursue a formal, court-ordered eviction.
What’s the difference between a squatter and a holdover tenant?
A squatter lives on a property without permission or a lease agreement, while a holdover tenant originally legally rented a property but refuses to leave after the lease expires. Holdover tenants retain limited tenant protections, while squatters are viewed as criminal trespassers under Tennessee law.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords cannot turn off utilities, change locks, or otherwise attempt to force a squatter to leave. Landlords in Tennessee can either contact law enforcement and provide proof of ownership to have the squatter removed within 72 hours or pursue a court-ordered eviction if needed.