Lew Sichelman
Some states are taking long-overdue legislative steps to deal with squatters: people who take over others’ properties without their consent, sometimes dumping the owner’s stuff and trashing their homes.
While squatting is trespassing, most jurisdictions treat the problem as a landlord-tenant dispute. This turns the ousting of the illegal occupants into a long, drawn-out legal process. Wary of becoming embroiled in legal complications, or of the situation escalating into violence, law enforcement agencies frequently advise property owners to file for eviction.
But waiting for civil eviction procedures to run their course can leave rightful owners unable to occupy their homes for months or even years – and can cost thousands in legal fees and repairs.
Meanwhile, squatters can severely damage the houses they occupy. Per a new report from the Pacific Legal Foundation, “In one egregious example, a Dallas woman sustained more than $150,000 in property damage from squatters. And a New York City homeowner saw his utility bill increase by more than $1,000 per month when squatters took over his home.”
From Florida to California
But some states have taken notice by passing legislation to recognize squatting as a criminal offense. According to the PLF report, “As of May 2024, Alabama, California, Florida, Georgia, Nevada, Tennessee, Washington and West Virginia have passed laws that criminalize squatting, while 11 other states have introduced bills to do so.”
This most recent legislative session, New Hampshire joined that list thanks to state Senate President Jeb Bradley. Under the law, anyone found living in a residence they don’t own, without an agreement with the landlord, could be charged with a misdemeanor and fined up to $1,000 and jailed for six months.
In Florida, the law now allows the property owner to ask law enforcement to immediately remove a squatter if the occupant has entered unlawfully, has refused to leave after being told to do so and is not a current or former tenant.
“We are putting an end to the squatters scam in Florida,” said Gov. Ron DeSantis in signing the legislation. “While other states are siding with the squatters, we are protecting property owners and punishing criminals looking to game the system … You are not going to be able to commandeer somebody’s private property and expect to get away with it.”
Tennessee’s new law also expedites the removal process. Before the measure, property owners had to begin a judicial eviction when they encountered squatters in their home – a process that often took months.
“They enter your property, change the locks,” said state Rep. Tim Rudd, who sponsored the legislation. “You try to get them out, they then claim you leased it, the sheriff can’t make that decision at the house, so it becomes a civil matter.”
In addition to speeding up the eviction process, Georgia law now allows property owners to go after squatters for damages. It also makes squatting a misdemeanor punishable by up to a year in jail. And in Louisiana, squatters can now be charged with burglary, which incurs a fine of up to $2,500 or 12 years in jail – or both.
The White House has taken notice of the squatting problem, too.
“We are certainly tracking that issue. The rights of property owners and renters must be protected,” said press secretary Karine Jean-Pierre, when asked about it in April. But, she added, “Ultimately this is a local issue, and it is critical that local governments take action to address it.”
Many States Still Must Act
Toward that end, New York is one of the states with pending legislation on the issue. Squatters are defined as tenants under current state law, whereas a bipartisan package of bills would redefine them as trespassers and expedite their removal.
But PLF said many states have yet to adequately address the situation.
“Removing squatters is extremely difficult in most states,” said Kyle Sweetland, PLF strategic research manager. “But as states like Georgia have shown, once the laws are updated to recognize squatting as criminal activity, property rights are better protected. Other states should follow Georgia’s lead.”
Little data exists on the number of squatting incidents. According to a survey by the National Rental Home Council – a landlord trade group – about 1,200 houses in Atlanta that are operated by NRHC members have been occupied by squatters, as have some 475 in the Dallas-Fort Worth region. However, these numbers were not broken down by year.
Attempting to dig deeper, the PFL report reads, “Case counts tabulated from centralized civil court records in Georgia and New York … generally reveal an upward trend beginning in 2019.” In the Peach State, civil cases involving squatting grew from 30 in 2019 to 198 in 2023. And in the Empire State, cases rose from nine in 2020 to 37 in 2023.
Until the authorities decide to get tougher on squatters, there’s little you can do if you find yourself in this situation except follow the law. A preventive measure, however, would be to purchase squatters insurance.
One insurer that offers this unusual coverage is Montana’s Proper Insurance Services. Its policy covers landlords for up to $10,000 in legal expenses and $20,000 in lost revenue.
And if you really need help, consider calling in the “Squatter Hunter,” aka California handyman Flash Shelton. He turns squatters’ rights against them by occupying the property – with a legal lease from the homeowner – when the squatters are away. Shelton came up with his plan after squatters took over his mother’s house while she was living with him. He did what most people do: called the authorities to report a break-in, only to be told it was a civil matter.
Now, he vows to get his customers’ unwanted “guests” out within 24 hours. His motto: “If they can take a house, I can take a house.”
Lew Sichelman has been covering real estate for more than 50 years. He is a regular contributor to numerous shelter magazines and housing and housing-finance industry publications. Readers can contact him at lsichelman@aol.com.
