Is the fear of squatters encroaching on your vacant Washington estate keeping you up at night? This fear might not be entirely unfounded. Unattended properties can be occupied by squatters and, if allowed to stay long enough, these squatters might even stake a legal claim on your precious asset.
As a landlord or property owner, the idea of strangers occupying your property and even potentially acquiring it through adverse possession can be quite unsettling. In Washington, squatters can indeed claim rights over a property if they continuously live there for over a decade without any disturbance or if they have color of title and regularly pay property taxes for at least seven years. This, along with the complex eviction procedures, can make dealing with squatters a tiresome and stressful ordeal.
Key focus areas for protecting your property against squatters in Washington:
- Regular property inspections
- Paying property taxes
- Securing your property against unauthorized access
- Posting conspicuous ‘No Trespassing’ signs
- Legal enforcement
Understanding Squatters and Squatters’ Rights in Washington
As a landlord or property manager, understanding the concept of squatters and their rights is paramount. This knowledge empowers you to protect your properties effectively, ensuring you stay on the right side of the law.
Definition of Squatters
A squatter is a person who occupies someone else’s property without their permission. The Washington law doesn’t provide a precise legal definition for squatters. However, it is imperative to note that these individuals can gain legal rights over your property if you don’t take necessary actions to evict them.
Squatters vs Trespassers vs Holdover Tenants
It’s crucial to distinguish between squatters, trespassers, and holdover tenants, as each requires a different legal approach.
A trespasser forcefully enters someone else’s property, such as breaking a window, which is generally considered a criminal act. On the contrary, a squatter peacefully enters a property through an unlocked entry and starts living there. Squatting is viewed as a civil matter, although a squatter can be turned into a trespasser if the property owner establishes they’re not welcome.
A holdover tenant, also known as a tenant at sufferance, continues to occupy a property after their lease has expired. In this case, as a landlord, you can either start an eviction process or let them stay at your will, subjecting them to the previous lease’s terms and conditions.
Adverse Possession and Squatters’ Rights in Washington
Adverse Possession is a legal doctrine that allows squatters to claim ownership of your property, provided they meet certain requirements. It’s a method that some squatters use to gain legal ownership of a property they’ve been living in for a certain period.
The Legal Requirements for a Squatter to Claim Adverse Possession
To claim Adverse Possession, squatters must meet seven specific requirements:
- The claim has to be hostile, meaning the squatter doesn’t have the owner’s permission to reside on the property.
- The squatter must physically live in the property.
- The squatter’s occupation must be obvious to anyone—it cannot be hidden.
- The squatter must possess the property exclusively, not sharing it with others.
- The squatter must live on the property continuously for seven years.
- The squatter must have Color of Title—meaning, they have a reason to believe they have a right to the property.
- The squatter must’ve been paying property taxes for the seven years they’ve been occupying the property.
The Legal Process of Dealing with Squatters in Washington
Dealing with squatters can be a complex process. Understanding the role of law enforcement and the court system is crucial for landlords. Let’s break down each part of the process to provide a clear roadmap for handling squatters in Washington.
The Role of Law Enforcement in Squatter Cases
In Washington, squatters are treated as civil matters, not criminal. This means that law enforcement often cannot immediately remove squatters from a property. Instead, landlords must submit a declaration form to the police to evict the squatters. This form allows police to verify the property’s ownership and your rights as a landlord. However, the police cannot force the squatters to leave unless they violate other laws or present a danger to the community.
The Eviction Process for Squatters
Evicting squatters involves a legal process that must be strictly adhered to. First, you must prove your ownership of the property, which can be done by showing that you pay the property taxes. Once your ownership is established, you can begin the eviction process.
To evict a squatter, you need to provide them with an eviction notice. If the squatters do not leave voluntarily, you must then file an unlawful detainer lawsuit in court. This lawsuit seeks a court order for the removal of the squatters. If the court rules in your favor, the sheriff will enforce the eviction order.
During this process, it’s crucial to avoid self-help eviction tactics, such as changing the locks or shutting off utilities. Such actions can lead to legal trouble for landlords.
The Role of the Court System in Squatter Cases
The court plays a pivotal role in squatter cases. It’s the court’s responsibility to determine whether the squatter has met the requirements for an adverse possession claim. Adverse possession in Washington requires the squatter to have openly and notoriously possessed the property for at least 10 years. If the squatter can prove this, the court may grant them ownership of the property.
However, the court also provides landlords with the opportunity to challenge the squatter’s claim. This is why it’s crucial to act promptly when you discover a squatter on your property. The quicker you start the eviction process, the less likely the squatter will be able to make a successful adverse possession claim.
In summary, understanding the legal process of dealing with squatters is crucial for landlords in Washington. It involves understanding the role of law enforcement, following the legal eviction process, and navigating the court system. At TenantCloud, we understand these complexities and provide solutions that help landlords manage their properties effectively, keeping them one step ahead of potential squatter issues.
How to Protect Your Property from Squatters
As a landlord, safeguarding your property is a must. Here are some essential steps to ensure your property stays squatter-free in Washington.
Regular Property Inspections
Regular property inspections are your first line of defense against squatters, particularly if the property is vacant. By frequently visiting, you can identify any signs of unauthorized occupancy early, making the process of squatter removal less complex.
Securing Your Property
A well-secured property can deter potential squatters. Ensure all doors and windows are locked and well-maintained. If the property will be unoccupied for a lengthy period, consider investing in a security system. This way, you’ll minimize the chances of squatters gaining entry.
Posting “No Trespassing” Signs
Visible “No Trespassing” signs can discourage squatters. Display these signs at entry points and around the perimeter of the property. While this doesn’t guarantee complete protection, it acts as a deterrent and reinforces your legal standing if squatters do occupy your property.
Formalizing Agreements with Temporary Occupants
If you allow someone to stay on your property temporarily, ensure there’s a formal agreement in place. This can help avoid any misunderstandings about their tenure and prevent them from becoming a squatter.
Staying Up-to-Date with Property Taxes
Paying your property taxes on time is a vital step in asserting ownership. If a squatter tries to claim “adverse possession”, your paid taxes can serve as proof of your ownership.
Legal Advice for Landlords Dealing with Squatters
Dealing with squatters can be a complex and stressful process. It’s essential to understand when you should seek legal advice, the importance of adhering to legal procedures, and how a lawyer can assist you.
When to Seek Legal Advice
The moment you identify a squatter on your property, it’s time to seek legal advice. As a landlord, it’s crucial to protect your rights and understand the legal steps necessary to regain possession of your property. An attorney can help you navigate the complex legal landscape, ensuring you’re following Washington’s specific laws on squatters’ rights.
The Importance of Following Legal Procedures
Following the correct legal procedures is vital when dealing with squatters. Serving written eviction notices, filing police reports, and completing necessary paperwork, like the Verified Complaint for Possession of Real Property–Form 1B, are all essential steps in regaining your property.
Cutting corners or bypassing the law can lead to complications, making it more difficult to remove squatters. It could even lead to situations where you unintentionally grant squatters more rights, impeding your ‘Legal Protection Against Squatters Rights Washington: A Landlord’s Perspective’.
The Role of a Lawyer in Squatter Cases
Hiring a lawyer is a smart move when dealing with squatters. They can guide you through the process, ensure you’re following all legal requirements, and help you complete the necessary paperwork.
A lawyer can also represent you in court if it comes to that. They can help defend your rights, ensuring you don’t lose ownership of your property due to a lack of adherence to local regulations.