3 States Revising Squatter Laws to Protect Property Owners

With the steady ebb and flow of property and housing laws, it's important for landlords, investors, and property managers to stay abreast of current events. Squatter laws, in particular, have been the subject of much debate and revision recently. Let’s explore the current landscape of squatter laws, with a focus on recent developments in Florida and Georgia and anticipate what may come next for property owners in Texas. Understanding these legal intricacies is key to safeguarding the rights and interests of those involved in property management.

Understanding Squatters and Their Rights

The term "squatter" often conjures up the image of an unauthorized individual occupying a piece of property, leaving the owner in a legal and logistical knot. However, the reality of a legal squatter and squatter laws is more complex. Squatting typically refers to a situation where someone stays in an unoccupied or abandoned area of land, either residential or commercial, without the consent of the owner. In some cases, legal squatters may leverage with the principle of adverse possession, claiming a right to remain on the land after an extended period.

Are Holdover Tenants Considered Squatters?

The distinction between a holdover tenant and a squatter lies in the original contractual agreement. A holdover tenant is someone who stays on the property after their lease agreement has expired. Legally, this person still has certain tenant rights unless the landlord explicitly refuses to continue the rental period. In contrast, a squatter has never had the legal right to occupy the property.

The Landscape of Squatter Laws

Squatter laws, or adverse possession laws, vary widely from state to state and often exist in a gray area of property rights. These laws date back to a time when the American frontier was wild and land was plentiful. Now, with modern urban development and dense populations, application of legal squatter rights has become increasingly contentious. In states that recognize adverse possession, squatters must openly occupy the property, pay property taxes, and meet other legal requirements over a specified time period. However, many states have amended these laws to protect property owners from losses due to squatting.

Florida and Georgia’s Fight Against Squatting

In Florida, 2024 saw the passing of Florida House Bill 4125, which better defines and significantly increases the enforceability of squatter laws.. The bill simplifies the process for law enforcement to evict illegal occupants, reduces the time for adverse possession claims from 7 to 3 years, and enforces stricter penalties for fraudulent filings by squatters. The passing of this bill was met with both support from property owners and criticism from advocates who argue that it violates the rights of people living in uninhabited properties out of necessity.

Likewise, Georgia's approach to squatter prevention has become more robust. The state passed House Bill 999, which criminalizes the act of unauthorized entry and occupancy of real property. The legislation aims to protect homeowners from the challenges of removing squatters by making the act a misdemeanor. The GA squatters law also affords law enforcement the authority to respond more quickly to these disputes, allowing for the apprehension and eviction of squatters.

Implementing Best Practices in Property Management

For those in the property management business, understanding the legal stance on squatting is the first step. Implementing proactive measures, such as frequent property inspections, written rental agreements, and swift legal action when unauthorized occupants are discovered, can significantly reduce the risk of squatters claiming rights to a property. It's also vital to document all interactions with squatters and comply with local eviction procedures to ensure the legal process is airtight.

The Future of Squatter Legality

With states like Florida and Georgia setting new legal precedents, the question arises – where is squatter legality headed in the United States? The trend seems to be a movement toward stronger protections for property owners, with more defined legal pathways for removing squatters. While statutes may evolve, the fundamental principle remains clear – the ability for property owners to control who occupies their space is pivotal.

Current Squatters Laws in Texas

As for Texas, the state is known for its stringent policies regarding squatters. Governor Greg Abbott has made a vocal stand against squatting, announcing initiatives to overhaul the state's land laws to expedite the eviction of squatters and strengthen the rights of property owners. The recent narrative in Texas is one of fortification, with a staunch "tough on squatters" approach.

Exceptionally vigilant property management practices and a knowledge of current state and local laws are your armor in the battle against legal squatters. Stay informed, be preemptive, and protect your investment. The future may hold even stricter regulations, but for now, the synergy between legal vigilance and effective management remains the most powerful deterrent against unwanted occupants.

Do You Know What to Do If Squatters Enter Your Investment Property?

Encountering squatters on your investment property can be unsettling and challenging for property owners. It is essential to be informed about your property rights and the legal recourse available. In Texas, specific procedures must be followed to remove squatters lawfully, which typically involves an eviction process. Should you find yourself in such a predicament, bringing in a professional property manager can provide the most effective way to remove illegal occupants quickly, and look over your property moving forward so this situation does not happen again. Hendricks Property Management does vacancy checks on all units that are in between tenants, or are getting ready for listing for the first time. If you’ve found yourself in a situation with squatters, do not hesitate to reach out to see how we can help you get your property back, occupied, and generating income again.