Squatters’ rights and adverse possession in Washington can cause real issues for landlords. Picture someone entering a vacant Tacoma apartment, moving in furniture, and claiming the right to stay. Needless to say, landlords can face serious trouble when dealing with these unauthorized occupants.
In this guide, we’ll go over the definition of squatters, adverse possession rules, and how you can remove squatters for good. Keep reading to find out what you need to know about squatters’ rights and learn what you can do to protect your rental investment.
What is a squatter?
A squatter enters and occupies a property without permission or a valid lease agreement. They typically target vacant properties, move in, and establish control. Washington landlords might discover squatters after noticing changed locks or other signs of unauthorized entry.
For instance, a stranger might slip into an empty Spokane duplex, make improvements to the property, and claim they have the right to stay. That person counts as a squatter because they never signed a lease, paid rent, or received the owner’s consent to stay on the property.
Key Differences Between Squatters and Trespassers
Though both squatters and trespassers enter property without permission, key legal differences between the two determine how you should proceed with removal. You can find more details in this guide to squatters vs. trespassers.
Squatters
- Move in and stay without the owner’s consent, often for extended periods.
- Push for recognition as lawful occupants or try to build a claim to ownership.
- Require a full eviction case for removal.
Trespassers
- Step onto a property without permission, but leave soon after entering.
- Show no interest in staying long-term or gaining any rights.
- When notified, law enforcement can typically remove trespassers on the spot.
Essentially, squatters settle into a property and seek legal standing, while trespassers enter briefly and leave quickly. Landlords must take different approaches to removing each type of unauthorized resident.
What are squatters’ rights?
Squatters’ rights outline the limited legal protections an unauthorized resident can obtain after prolonged occupancy. This concept stems from Washington’s adverse possession laws, which were designed to encourage active use of property.
In Washington, squatters’ rights can cause significant problems for landlords. Property owners can only remove squatters through a court-ordered eviction, which can result in lost rental income and potential property damage. Plus, squatters can even stake a claim of property ownership if they meet certain conditions.
Can a squatter actually claim legal rights to a property?
Washington law allows squatters to claim legal rights to a property, even though the idea may seem unbelievable. Claiming adverse possession demands time and strict proof, though, so landlords can easily prevent these claims by securing their properties and conducting frequent inspections.
Adverse Possession Laws in Washington
Adverse possession in Washington creates a legal path for someone to claim ownership of a property they have lived on and used without authorization.
For a claim of adverse possession to succeed, the squatter’s residence must be:
Actual: The squatter must use the property the way an owner would, such as living there or conducting property maintenance.
Open and notorious: The squatter must make their use obvious enough that any reasonable owner or passerby would notice.
Hostile: The squatter must enter and use the property in a way hostile to the owner’s legal rights.
Exclusive: The squatter must possess the property alone and cannot share it with the original owner or other squatters.
Uninterrupted: The squatter must use the property continuously for 7 to 10 years without interruption.
Supporting law: RCW 7.28.070, RCW 7.28.090, RCW 4.16.020
Occupancy Time Requirements for Adverse Possession
In Washington, adverse possession requires a long period of uninterrupted occupancy. Typically, a squatter must stay on a property for at least 10 years, though this time period can be shortened to 7 years if the squatter holds a good-faith color of title and pays property taxes.
Any break in possession restarts the clock, effectively stopping a claim of adverse possession. For instance, a squatter living in a Tacoma rental for 2 years before being discovered and evicted would not meet Washington’s 7- or 10-year adverse possession requirements, so they would not have a valid adverse possession claim.
Supporting law: RCW 7.28.070, RCW 4.16.020
Does the squatter need to have a color of title to claim adverse possession?
A color of title refers to a document that appears to grant ownership but contains legal defects. For example, someone might hold an old, incorrect deed for a Tacoma lot and believe that it proves they own the property.
Washington squatters do not always need a color of title to claim adverse possession. The 7-year route to adverse possession requires good-faith color of title and tax payments. However, the typical 10-year route only requires a squatter’s residence to be open, actual, hostile, continuous, and exclusive.
Supporting law: RCW 7.28.070, RCW 4.16.020
Does the squatter have to pay property taxes for adverse possession in Washington?
In many states, squatters must pay property taxes for the duration of their residence to claim adverse possession. Washington, however, only requires that squatters pay property taxes if they also hold a color of title and wish to claim possession after 7 years.
Beyond the potential issues that arise from squatter situations, landlords should always stay current on property tax payments to avoid liens and other disputes.
Supporting law: RCW 7.28.070
How to Legally Remove Squatters from Your Property
If you discover an unauthorized resident living on your Washington property, you’ll need to take swift action and follow all of the required steps for a court-ordered eviction. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you’re hoping to avoid an eviction, you can approach a squatter directly only when you feel safe to do so. You might offer a cash-for-keys agreement, provide relocation help, or set a specific move-out date. This can help you resolve the situation without legal intervention.
Important: Never attempt self-help eviction methods, such as changing the locks or shutting off utilities. These techniques are illegal nationwide.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement to visit the property and speak with the squatter. Officers might decide that the person is a trespasser, and if so, they can remove the individual immediately and help you regain full control of your property.
Step 3: Serve the Squatter a 3-Day Notice to Vacate
If law enforcement can’t remove the squatter, you’ll have to handle the situation like a standard eviction. Start by serving a 3-Day Notice to Vacate, which orders the person to leave your property within 3 days and warns that you will file for an eviction if they stay.
Step 4: File a Summons and Complaint for Unlawful Detainer Against the Squatter
If 3 days pass and the squatter is still on your property, file a Summons and Complaint for Unlawful Detainer in the Superior Court for the county where the property sits. This will start the Washington eviction process and inform the squatter of your scheduled hearing date.
Step 5: Present Your Case in Front of a Judge
During your hearing date, you’ll get the opportunity to present evidence proving your ownership and the squatter’s unauthorized occupancy. Collect strong proof such as:
- Photos or videos showing the squatter’s unauthorized presence on your property
- Utility bills and property tax payment records in your name
- Witness statements from neighbors, contractors, or property managers
- Deeds and other documentation proving your ownership
The squatter will also get time to present their case, which may include the color of title or other proof of their long-term residence. The judge will then review all the evidence on both sides before making a decision.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge rules in your favor, they will issue a Judgment for Restitution, which authorizes you to request a Writ of Restitution through the Superior Court. The court sends the writ to the county sheriff, who will remove the tenant and return possession to you.
The sheriff posts the writ at the property and gives the squatter a short window to move out, often a few days. Keep copies of the writ and service documents, since the squatter may still file an appeal before the sheriff completes the removal.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Restitution, the sheriff gains authority to remove the squatter and return possession to you. Washington law does not require landlords to store any belongings left behind by a squatter unless the squatter files a written request and pays the storage costs.
After regaining possession, you should secure your property immediately to avoid future squatter issues. Change your locks and conduct routine inspections to prevent the squatter’s return.
Now that you know how to remove squatters from your Washington rental, let’s discuss some of the most effective ways to prevent squatting situations in the first place.
Tips for Preventing Squatters from Occupying Your Property
Stop squatters before they settle in by keeping your property secure. These simple habits can help you block unauthorized occupants from gaining a foothold:
Inspect the property regularly: Visit your property often, especially during periods of vacancy, to spot early signs of entry or property damage.
Install security cameras: Place visible cameras near doors, windows, and other entry points to monitor activity and deter unauthorized entry. The footage can also serve as evidence in a court case.
Act quickly against trespassers: Take action against unauthorized occupants as soon as you notice any suspicious activity. This can prevent a brief trespass from becoming a long-term occupancy or an attempted adverse possession claim.
Secure all entry points: Lock every door, window, and gate to make it difficult for squatters to enter your property.
Maintain the property: Keep lawns trimmed and free of debris, which shows active ownership and discourages squatters seeking an easy target.
Fill vacancies quickly: Advertise your rental through platforms like TurboTenant to limit downtime between tenants.
Screen future tenants thoroughly: Check all applicants’ criminal history, eviction records, and credit to avoid renters who may overstay or invite unauthorized guests.
These tips will help you keep squatters out of your rental. Read on to find out what other tools you can use to protect your properties year-round.
Digital Tools to Help Landlords Thwart Squatters
Squatters’ rights and adverse possession in Washington can be difficult to deal with, but strong digital tools help you stay ahead of problems before they escalate.
Use property management software like TurboTenant to track vacancies, monitor activity on your property, and keep clear records of maintenance and tax payments.
Create a free account today to protect your rental investment and prevent nightmare squatting situations.
FAQs: Squatters’ Rights & Adverse Possession Laws in Washington
How long does it take a squatter to claim property rights in Washington?
In Washington, a squatter can claim property via adverse possession after 7 years if they also hold a good-faith color of title and pay all property taxes. Without these factors, a squatter must live on a property for at least 10 years before they can claim adverse possession.
Can landlords remove squatters legally without taking legal action?
No, landlords cannot remove squatters on their own in Washington. Self-help eviction methods are strictly prohibited, and landlords must file an unlawful detainer case and secure a court order before removal. Even then, the sheriff is the only person authorized to remove a squatter.
What’s the difference between a squatter and a holdover tenant?
A squatter enters a property without permission or a lease, while a holdover tenant originally held a valid lease but remains on the property after it ends. Landlords must undertake a complete Washington eviction to remove both kinds of unauthorized occupants.
Can a landlord turn off power or change locks to remove a squatter?
No. Washington law prohibits landlords from turning off utilities or changing locks to remove a squatter. If you pursue self-help eviction tactics, you may face civil penalties, fines, or, worse, a dismissal of your eviction case.