Squatters’ rights and adverse possession in Wisconsin can catch property owners off guard, posing significant threats to landlords. Imagine an unauthorized occupant settling into a vacant Milwaukee duplex and acting like they own the place. As a landlord, you’ll need to act quickly, because even minor delays can enable squatters to put down roots.
In this article, we’ll learn how Wisconsin law defines squatters, how adverse possession works, and what steps landlords must take to legally remove unauthorized occupants. Keep reading to protect your property and avoid costly mistakes.
What is a squatter?
A squatter enters and occupies a property without the owner’s permission and without a valid lease agreement. Squatters never sign rental paperwork, never obtain legal permission to live there, and do not acquire tenant rights by simply staying in the unit or paying utilities.
For example, someone who moves into a vacant Green Bay apartment without the rightful owner’s knowledge would count as a squatter because the owner never granted permission or signed a lease.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps Wisconsin landlords respond correctly and avoid missteps during removal. Read more about these distinctions at TenantCloud.
Squatters
- Move into a property and continue living there without the owner’s consent
- Try to establish a right to long-term occupancy or ownership over time
- Require Wisconsin’s formal eviction process for removal
Trespassers
- Enter a property without permission, but typically leave quickly
- Do not attempt to claim ownership or long-term residency
- Can typically be removed immediately by Wisconsin law enforcement
In short, squatters stay and attempt to gain rights to the property, while trespassers enter briefly and can usually be removed right away without court involvement.
What are squatters’ rights?
Squatters’ rights in Wisconsin refer to limited legal protections that unauthorized occupants gain after occupying a property for an extended time period. These claims stem from adverse possession laws.
Can a squatter actually claim legal rights to a property?
Even though the idea sounds unfathomable, squatters can claim legal rights to property in Wisconsin under certain conditions. However, the process requires years of occupancy and strict proof, so squatters rarely succeed. Landlords can keep control of their properties by conducting regular inspections and taking swift legal action.
Adverse Possession Laws in Wisconsin
Adverse possession in Wisconsin gives squatters a legal means to gain ownership of property, but they must first meet strict legal requirements. To claim adverse possession, a squatter’s residence must be:
Actual: The squatter must physically use the property as an owner would, such as by making repairs or receiving mail.
Open and notorious: The squatter must make their residence obvious to any passerby and the original owner, and cannot attempt to hide the fact that they’re living there.
Hostile: The squatter must occupy the property without the original owner’s permission and in violation of the owner’s rights.
Exclusive: The squatter must control the property alone, keeping out the original owner and other squatters.
Uninterrupted: The squatter must maintain continuous possession for 20 years in Wisconsin (or 10 years with color of title) without any absences or breaks.
Supporting law: Wis. Stat. 893.28
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Wisconsin, a squatter must occupy a property for an extended period of time without breaks. Wisconsin law sets that timeline at 20 years, or 10 years when the squatter also holds color of title. Any break in possession resets the clock.
For instance, a squatter who occupies a vacant Kenosha home for 5 years before the landlord discovers and evicts them falls far short of Wisconsin’s occupancy time requirement, and so cannot make a legitimate adverse possession claim.
Supporting law: Wis. Stat. 893.28
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to grant ownership, but contains a legal defect. For example, a buyer may receive a faulty deed after a bad foreclosure sale and incorrectly believe they own the property.
Wisconsin squatters do not need a color of title to claim adverse possession, but without it, they must reside on the property continuously for at least 20 years. To shorten the timeline to 10 years, a squatter must hold a color of title and pay property taxes.
Supporting law: Wis. Stat. 893.28
Does the squatter have to pay property taxes for adverse possession in Wisconsin?
Many states require squatters to pay property taxes for adverse possession. However, in Wisconsin, squatters only need to pay property taxes if they also hold color of title and wish to shorten the adverse possession timeline.
If the squatter holds color of title and also pays property taxes, they may file for adverse possession after 10 years. Landlords should always stay on top of tax payments and keep thorough records to avoid ownership disputes and liens.
Supporting law: Wis. Stat. 893.28
How to Legally Remove Squatters from Your Property
Removing a squatter from a vacant Wisconsin property requires clear notices, proper court filings, and patience, but following this process prevents costly mistakes. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Start by talking to the squatter directly if you feel safe to do so. You could offer a cash-for-keys agreement, negotiate a specific move-out date, or provide relocation assistance. This could help you avoid a long, drawn-out eviction process in the Wisconsin courts.
Important: Never attempt a self-help eviction. Self-help eviction violates the law in all 50 states and can result in fines, lawsuits, or a failed eviction.
Step 2: Get in Touch With Local Law Enforcement
Your next option is to contact your local law enforcement and request that they visit the property to speak with the squatter. If the officers view the person as a trespasser under Wisconsin law, they can remove them immediately without a formal eviction.
Step 3: Serve the Squatter a 5 Day Notice to Vacate
If law enforcement cannot remove the squatter, you’ll need to move forward with a formal eviction. First, serve the squatter with a written 5 Day Notice to Vacate, which orders the occupant to leave by a set deadline or face legal action.
Step 4: File a Small Claims Summons and Complaint Against the Squatter
If the squatter still occupies the property once the deadline has passed, you’ll need to file a Small Claims Summons and Complaint with the circuit court clerk in the county where your property is located. This starts the Wisconsin eviction process and sets a date for your hearing.
Step 5: Present Your Case in Front of a Judge
You’ll need to bring clear proof of squatting to strengthen your case before a Wisconsin judge. Solid documentation proves your ownership and the squatter’s unauthorized residence, so consider bringing the following:
- Deed, title, or mortgage records proving your legal ownership
- Photos or inspection reports demonstrating unauthorized use of your property
- Utility records or mail addressed to the squatter
- Written notices, police reports, or witness statements
The squatter will also present their own evidence, including color of title, property tax payments, or other proof of long-term occupancy. However, if you bring strong evidence of your rightful ownership, you should be able to defeat the squatter’s arguments easily.
Step 6: Obtain a Writ of Restitution Authorizing Removal of the Squatter
If the judge rules in your favor, the court will enter a Judgment for Restitution of the Premises and orders a Writ of Restitution. You must deliver the writ to the sheriff for execution, and Wisconsin law requires the sheriff to handle the physical removal.
After the clerk issues the Writ of Restitution, you have up to 30 days to get it to the sheriff. Once the sheriff receives it, they generally must execute the writ within 10 days. The squatter can ask the court for a stay of up to 30 days for hardship before the sheriff removes them.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Restitution grants local law enforcement the authority to physically remove squatters from your property. If the squatter leaves behind any personal property when they depart, you must store it for up to 30 days and attempt to notify the squatter before disposal.
Once the squatter is out, secure your property immediately. Change the locks, check all entry points to the property, and plan regular inspections to prevent the squatter from returning or future squatters from moving in.
Now that you know how to remove a squatter, let’s go over some practical tips to keep squatters from occupying your property again.
Tips for Preventing Squatters from Occupying Your Property
You can stop squatters by preventing unauthorized occupancy from the start. Active, informed property management and fast responses will help you avoid a squatting situation before it gains traction.
Inspect the property regularly: Visit your properties often, especially during vacancies, to check for signs of unauthorized entry or occupation.
Install security cameras: Place visible cameras at entrances and driveways. Cameras not only deter squatters but also provide valuable evidence in the event of a break-in or squatting.
Act quickly against trespassers: If you notice any signs of unauthorized entry, contact law enforcement immediately to prevent a brief trespass from escalating into a squatter situation.
Secure all entry points: Lock doors and windows, and secure gates to prevent squatters from targeting your property.
Maintain the property: Keep lawns trimmed and all repairs up to date. An actively maintained home signals ownership and discourages squatters looking for neglected properties.
Fill vacancies quickly: Reduce vacancies by advertising empty rental properties with property management software.
Screen future tenants thoroughly: To prevent future squatting, screen all renters for their credit, criminal, and eviction history.
Digital Tools to Help Landlords Thwart Squatters
With the right tools, you can easily navigate squatters’ rights and adverse possession in Wisconsin, preventing unauthorized occupants from turning into long-term legal problems.
Strong property management software helps landlords track inspections, store maintenance records, and defend their properties against squatters.
Create your free account today to protect your Wisconsin rental property with confidence.
FAQs: Squatters’ Rights & Adverse Possession Laws in Wisconsin
How long does it take a squatter to claim property rights in Wisconsin?
A squatter must occupy a property continuously for 20 years to pursue adverse possession in Wisconsin. If the squatter holds color of title, pays property taxes, and meets all other legal requirements, the timeline drops to 10 years. However, any break resets the clock.
Can landlords remove squatters legally without taking legal action?
Though law enforcement can remove trespassers immediately, landlords cannot remove squatters without a formal eviction in the Wisconsin courts. Squatters must be treated as tenants and can only be removed via legal action.
What’s the difference between a squatter and a holdover tenant?
A squatter enters a property without permission and never pays rent or signs a lease, while a holdover tenant once rented the unit legally but stays after the lease ends. Wisconsin landlords must undergo a formal eviction to remove both holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
Landlords cannot shut off utilities or change locks to force a squatter out, as Wisconsin bans all forms of self-help eviction. If landlords attempt these measures, they may face civil penalties, fines, and a dismissal of their eviction case.