Squatters’ rights and adverse possession in Virginia can cause significant trouble for landlords. Just imagine the problems that could arise if someone moved into a vacant Richmond duplex and refused to leave. This could lead to property damage, lost income, or even loss of ownership if the squatter stays long enough.
Fortunately, landlords can easily prevent these outcomes. In this article, we’ll explore the definition of squatting, how adverse possession works, and how to remove a squatter from your Virginia property. Keep reading to find out how to protect your rental investment.
What is a squatter?
A squatter enters and occupies a property without the owner’s permission or a lease agreement. In Virginia, landlords must treat these unauthorized occupants as tenants, so property owners must take swift, decisive action against squatters to prevent them from gaining a foothold.
Picture someone slipping into a vacant bungalow, making improvements, and refusing to leave. That person counts as a squatter because they never received permission, paid rent, or signed an agreement granting lawful possession of the home.
Key Differences Between Squatters and Trespassers
Though both squatters and trespassers enter a property without permission, landlords must understand the differences between the two to know how to proceed. Read TenantCloud’s guide to squatters vs. trespassers to learn more.
Squatters
- Move in and stay for an extended period of time without the property owner’s consent.
- Try to establish control of the property and potentially claim ownership.
- Require a formal eviction instead of on-the-spot removal.
Trespassers
- Enter a property without consent, but usually leave soon after.
- Show no interest in claiming the home or staying long-term.
- Can often be removed on the spot by law enforcement when identified.
Essentially, squatters settle into a property and push for continued occupancy, while trespassers come and go quickly. Understanding that difference helps landlords respond appropriately to the threat.
What are squatters’ rights?
Squatters’ rights in Virginia refer to the limited legal protections given to people who occupy property without permission. These rights stem from Virginia’s adverse possession laws, which enable long-term, unauthorized occupants to claim ownership. Learn more about squatters’ rights in this guide.
Prolonged, unchallenged occupancy creates significant risks for landlords. Unauthorized residents can easily gain a foothold if landlords wait to take action against squatters, so you should respond quickly and keep a close eye on your properties to prevent these situations.
Can a squatter actually claim legal rights to a property?
Many Virginia landlords are shocked to learn that squatters can claim legal rights to a property after long-term, unauthorized occupancy. Adverse possession is a challenging process, though, so landlords can easily avoid these claims with thorough documentation and swift action.
Adverse Possession Laws in Virginia
Adverse possession in Virginia is the legal means by which a squatter can acquire title to property. Virginia courts require strict proof, so very few claims succeed.
To qualify for a claim of adverse possession, a squatter’s residence must be:
Actual: Actual occupancy means the squatter physically lives on the property and uses it as an owner would. Someone moving into a vacant Chesapeake duplex and treating it as their home satisfies this requirement.
Open and notorious: Open and notorious use means the squatter occupies the property in a visible way that any reasonable owner or passerby would notice, rather than attempting to hide their residence.
Hostile: Hostile use means that the squatter occupies the property without permission and asserts possession against the owner’s rights.
Exclusive: Exclusive possession means the squatter controls the property alone, rather than sharing it with the owner or other squatters.
Uninterrupted: The squatter must remain on the property continuously for Virginia’s required 15-year time period, without any absences.
Supporting law: Va. Code § 8.01-236, Va. Code § 8.01-237
Occupancy Time Requirements for Adverse Possession
A squatter must occupy a property continuously for 15 years to claim adverse possession in Virginia. Any break in occupancy resets the clock, so landlords who act quickly to remove unauthorized residents can easily prevent squatters from fulfilling this time requirement.
For instance, someone who has been staying in an empty Roanoke apartment for only 8 years before being evicted does not meet Virginia’s 15-year requirement, so they cannot claim adverse possession of the property.
Supporting law: Va. Code § 8.01-236, Va. Code § 8.01-237
Does the squatter need to have a color of title (or Virginia equivalent) to claim adverse possession?
Color of title indicates that someone holds a document that appears to be a valid deed, but contains a legal flaw. Picture a homebuyer purchasing a property from an unauthorized seller and receiving a false title that they mistakenly believe transfers ownership.
Virginia does not require color of title for a squatter to claim adverse possession, nor does it shorten the occupancy time requirement. However, having such a document can help strengthen the squatter’s legal standing.
Supporting law: Va. Code § 8.01-236, Va. Code § 8.01-237
Does the squatter have to pay property taxes for adverse possession in Virginia?
Some states require squatters to pay property taxes to support a claim of adverse possession, but Virginia is not one of them.
Paying property taxes also does not shorten the 15-year occupancy requirement for adverse possession in Virginia. Still, though, landlords should stay up to date on all property tax payments to avoid disputes of ownership or liens.
Supporting law: Va. Code § 8.01-236, Va. Code § 8.01-237
How to Legally Remove Squatters from Your Property
Removing a squatter from a Virginia property requires prompt action and a court-ordered eviction to regain control. Here’s what you’ll have to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, consider speaking with the squatter to see if you can avoid costly, time-consuming eviction procedures. You could set a specific move-out date, provide relocation assistance, or settle on a formal cash-for-keys agreement to encourage the squatter to leave.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal nationwide and could lead to fines, civil penalties, or even criminal charges.
Step 2: Get in Touch With Local Law Enforcement
If you’re unable to speak with the squatter or they refuse to leave, ask local law enforcement to visit the property and assess the situation. Officers may determine that the person is a trespasser rather than a squatter, in which case, they can remove the occupant immediately and restore possession to you.
Step 3: Serve the Squatter a 5-Day Notice to Vacate
If these steps fail, you must evict the squatter as if they were a tenant. In Virginia, landlords begin the process by issuing a 5-Day Notice to Vacate, which warns the occupant to leave the property or face court proceedings.
Step 4: File an Unlawful Detainer Against the Squatter
Should the squatter still refuse to leave after 5 days have passed, file a Summons for Unlawful Detainer in your local General District Court. This officially starts the Virginia eviction process and notifies the squatter of the court hearing date for the eviction case.
Step 5: Present Your Case in Front of a Judge
To prove rightful ownership and the squatter’s unauthorized occupancy, collect and bring strong evidence to support your case. Consider bringing evidence such as:
- Photos or videos showing the squatter’s unauthorized occupancy
- Witness statements from property managers, neighbors, or contractors
- Utility bills or property insurance records in your name
- Documentation of prior police efforts to remove the squatter
The squatter will also receive time to present their own evidence, which may include proof of long-term occupancy, property tax payments, or color of title. The judge will review both sides carefully, so make sure to provide clear, consistent evidence in your favor.
Step 6: Obtain a Writ of Eviction, Authorizing Removal of the Squatter
If the judge decides that the landlord is the rightful owner, the court will enter a Judgment for Possession. This document will let you request a Writ of Eviction, authorizing the sheriff to remove squatters and restore your property to you.
After judgment, you or your attorney must request the writ within 180 days, and the clerk sends it to the sheriff. The squatter has 10 days to appeal the decision, though landlords may be able to obtain an immediate eviction order in specific cases.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
After receiving the Writ of Eviction, the sheriff will serve the squatter, typically giving them at least 72 hours to move out, before returning for physical removal. If the squatter leaves behind personal belongings, you’ll have to send notice and store them for at least 7 days before disposal.
Immediately after the sheriff completes the eviction, secure your property to prevent further squatting issues. Change your locks, install No Trespassing signs, and plan to inspect your rental often.
With the removal process complete, let’s talk about some practical tips to prevent squatters from taking over your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from moving into your property in the first place. Use these practical tips to keep your rental investment secure:
Inspect the property regularly: Visit your rental regularly, especially during vacancies. Regular interior and exterior inspections help you spot signs of unauthorized access before a squatter can move in.
Install security cameras: Set up visible cameras near doors and common areas to deter intruders and provide evidence if someone attempts to enter without your permission.
Act quickly against trespassers: Call law enforcement immediately if you notice someone on your property without permission. Quick action stops a trespasser from settling in long enough to become a squatter.
Secure all entry points: Reinforce doors, windows, and other openings so no one can slip onto your property unnoticed, reducing the risk of unauthorized occupancy.
Maintain the property: Keep your rental clean and well-maintained, even when you don’t have a tenant. Working exterior lights and steady upkeep send a clear message that you’re keeping an eye on your property.
Fill vacancies quickly: Once your previous tenant moves out, use digital listing tools to advertise your vacant rental and reduce downtime between renters.
Screen future tenants thoroughly: Conduct detailed background checks to choose reliable tenants who are unlikely to overstay their lease or invite unauthorized residents.
These suggestions will help you protect your rental property and keep your investment safe from squatters. However, there are other tools at your disposal to prevent squatting situations.
Digital Tools to Help Landlords Thwart Squatters
Squatters’ rights and adverse possession in Virginia may sound overwhelming, but with proper preparation and steady oversight, landlords can stop squatters in their tracks.
Reliable property management software also helps landlords track vacancies, fill empty rentals quickly, and document property maintenance so squatters can never gain a foothold.
Create a free account with TurboTenant today.
FAQs: Squatters’ Rights & Adverse Possession Laws in Virginia
How long does it take a squatter to claim property rights in Virginia?
Virginia requires 15 years of continuous, uninterrupted possession for a squatter to attempt an adverse possession claim. Their residence must also be actual, open, hostile, and exclusive. Any break in occupancy resets the 15-year clock and prevents adverse possession claims.
Can landlords remove squatters legally without taking legal action?
No, landlords must follow the complete Virginia eviction process to remove squatters legally, as self-help evictions are banned in Virginia and elsewhere. Landlords can only remove unauthorized occupants without court action when law enforcement classifies the person as a trespasser.
What’s the difference between a squatter and a holdover tenant?
A squatter moves into a property without a lease agreement or permission. In contrast, a holdover tenant originally held a valid lease, but refuses to leave the property after that agreement expires. Landlords must file an eviction lawsuit to remove both holdover tenants and squatters in Virginia.
Can a landlord turn off power or change locks to remove a squatter?
No, Virginia prohibits all self-help eviction methods, including utility shutoffs and lock changes. If you pursue any of these methods, you could face fines, civil penalties, or a dismissal of your eviction case. Landlords must always seek a legal, court-ordered eviction to remove a squatter.