Understanding squatter rights in Washington State is essential for property owners and tenants. While squatting might seem like a straightforward issue—someone living on your property without permission—the legal reality is a little more complicated. There are specific laws for how and when a squatter can be removed from a property, and in some cases, how they can even gain legal ownership of a property.
Whether you’re a landlord dealing with an unwanted occupant or want to ensure you protect your property from potential squatters, we’re sharing our practical insights as well as the legalities you need to know to keep your rental property safe and secure.
Key Takeaways
- Squatters in Washington can claim legal ownership through adverse possession after 10 years.
- Landlords can remove squatters by filing a police declaration.
- Squatting is typically a civil matter but can become criminal if the squatter refuses to leave.
- Preventing squatters involves securing the property, regular inspections, and posting “No Trespassing” signs.
Understanding Washington State Squatter Rights
In Washington, squatters are individuals who reside in a property without the explicit permission of the owner. They’re an unauthorized tenant that does not pay rent or follow any lease terms.
The most common instance of squatting occurs when an individual or group moves into an abandoned or foreclosed property. To better understand what a squatter is, you need to understand two other important terms—trespasser and holdover tenant. Let’s look at each one now.
What’s the Difference Between Squatting and Trespassing?
In our experience, people tend to think of squatters as trespassers. But, this isn’t always true. The main difference between squatting and trespassing is that squatting tends to be treated as a civil matter while trespassing is a criminal offense.
That’s not to say that squatters can’t be charged with a criminal offense. If they are still occupying a unit after the owner has made it clear that they are not welcome, squatters can be charged criminally. Additionally, if a squatter tries to claim ownership of a property with falsified documents they can be charged with a criminal offense.
Squatters can avoid being charged with criminal trespassing if they need the following requirements:
- The property they occupied was not in use.
- They had access to the property because of an emergency.
- The property has been improved in some way (i.e. planting flowers, cleaning it, or making small renovations).
What is a Holdover Tenant?
Another term that is often mislabeled as a squatter is a holdover tenant. A holdover tenant is an individual who occupied the property through a lease agreement with the owner and refuses to move out after the lease expires.
If the property owner decides to let them stay in the property, the tenant will continue to pay rent and become a “tenant at will.” As a tenant at will, there is no formal lease but the tenant is still protected under Washington State law. If a landlord wants to end a tenant at will’s tenancy, they must give the tenant 60 days’ written notice. They cannot evict an at will tenant without notice unless the individual is found to be violating terms or laws.
A holdover tenant who refuses to vacate the property after receiving a notice to quit may face an unlawful detainer suit. They may be considered a criminal trespasser at this stage, and also cannot make an adverse possession claim if they’re asked to leave the rental property.
Which brings us to our next question—what is adverse possession in Washington?
The Ins and Outs of Adverse Possession in Washington
A squatter has the opportunity to gain legal ownership of a property in Washington if they have a Color of Title and have occupied the property continuously for at least seven years. Without a Color of Title, a squatter must live at the property uninterrupted for 10 years.
What are the Adverse Possession Claim Requirements?
A squatter needs to meet all of the following requirements to make an adverse possession claim in Washington. If they’re missing even one of these requirements, their claim will be deemed invalid. Here are the five requirements:
- Hostile Possession: The squatter must prove that they took possession of the property through hostile possession. Whether they made a good-faith mistake or were aware of their trespassing, the squatter knows the owner did not give permission for the squatter to move in.
- Actual Possession: The squatter must live on the property, maintain it, and treat it as if it were their own property.
- Open and Notorious Possession: The squatter can’t be hiding out of sight. They need to be obvious about their occupancy, living as if they are rightfully on the property.
- Continuous Possession: The squatter must have lived in the property for at least seven years without leaving. If they leave and return to the property, the time starts over.
- Exclusive Possession: The squatter can only take legal gain to gain ownership if they haven’t shared the property with other squatters, tenants, or landlords.
What is Color of Title
Color of Title refers to an instance when a person has a deed or legal document that makes it look like they own the property, but there is an issue that prevents it from being legally valid—like a missing signature, incorrect boundary, or forged document.
This might look like buying land from someone and receiving the deed. Later it turns out the person who sold you the land didn’t legally own the land. But during this time when you considered yourself the owner, you acted like the owner—paying taxes, maintaining the property, and living there. That deed, even though it may be fake, gives you “Color of Title”—an appearance of ownership, even though it’s flawed.
Landlords Rights when Dealing with Squatters
Landlords in Washington State have several rights when dealing with squatters:
- Right to Remove: Landlords can ask the police to remove squatters by filling out the Request to Remove Trespasser(s) form.
- Right to Evict: If someone is living on their property without permission, landlords can evict them by going through the legal process.
- Right to Recover the Possession: Landlords can take legal action against the squatter to remove them from the property.
- Right to damages: Landlords may be able to recover damages caused by squatters if they damage the property or the landlord loses rent.
- Right to Prevent Future Occupancy: To prevent more squatters from moving in, landlords can secure the property, conduct regular inspections, and hire a property management company to maintain it.
How to Remove Squatter from Your Property
Many states require landlords to evict squatters the same way they would a tenant, through a civil process. But in Washington, the rules are a bit different. Because there are very limited squatter rights in the state, Washington landlords can remove someone taking up residence on their property by calling the police.
Property owners must give a declaration form to the police, who are obligated to give the squatter a chance to present credible evidence that they have a legal right to be in the property. But, if squatters are unable to present adequate evidence, law enforcement officers can remove them from the premises or arrest them for trespassing if they refuse to vacate the property.
This is a great option for landlords who’ve already asked squatters to leave as long as there has been no landlord-tenant relationship between the two parties in the last 12 months. If there has been a lease agreement within the last year, landlords are required to go through the eviction process.
What is a Declaration Form?
A declaration form is needed for landlords to be able to remove squatters from their property. The declaration should outline the following:
- The person making the declaration is the property owner or has legal rights to the property.
- Whoever occupies the unit (aka the squatter) has not been a tenant in the last year.
- An individual is occupying the property without your consent.
- The building was not abandoned or open to the public when the squatter gained access.
- The person making the declaration understands that the squatter can sue them if they make false statements about the rights to the property.
- The individual making the declaration releases the police officers from any issues that occur as a result of following the declaration.
Tips to Safeguard Your Property from Squatters
The best way to avoid any issues with potential squatters is to take the time to safeguard your property. Prevention is key, and, thankfully, there are things you can do to ensure your rental properties stay safe—even if you’re between tenants.
Here are # measures you can take to protect your rental property:
- Pay Property Taxes: This might seem like a no-brainer, but staying current with your property tax payments is a clear way to secure your ownership.
- Install a Security System: A security system is a great way to deter squatters and trespassers, and protect the property from breaking and entering.
- Screen Tenants: To avoid potential holdover tenants and other issues, make sure you carefully screen your tenants.
- Regularly Inspect the Property: Visit the property yourself, or hire a property management company to check on the property on a regular basis.
- Maintain a Lived-in Presence: Even if the property is vacant, it’s important to keep the home looking as if someone lives there. Stay on top of landscaping, clean the property regularly, and collect the mail.
- Post No Trespassing Signs: Posting No Trespassing Signs on the property makes it more difficult for squatters to claim they didn’t know they were occupying illegally.
Prevent Squatters with SJA Property Management
Working with a property management company is a great way to protect your property from squatters. Not only do property managers cover the basics like inspecting your property on a regular basis, screening tenants, and maintaining the property, they can also help you get the best tenant in your property to reduce vacancy periods.
At SJA Property Management, we have over 15 years of industry experience that we use to help you manage your rental property in Seattle, Bellevue, and surrounding areas. Give us a call today to see how we can give you a smooth and easy rental property management solution.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. Laws and regulations surrounding squatters’ rights and landlord-tenant relationships can vary and change frequently. For legal guidance specific to your situation, we recommend consulting a qualified attorney or local housing authority.
Washington State Squatters Rights FAQs
Can you evict a squatter in Washington state?
In Washington state, you can evict a squatter by filing an unlawful detainer action through the court. But you can also file a declaration form and have the police remove them.
Are there squatter rights in Washington state?
Washington has much less squatter rights than other states but does recognize squatter rights through adverse possession. A squatter can claim ownership after 10 years of continuous, open, and hospital use of the property.
How long does it take to evict a squatter in Washington state?
If you go through the courts, evicting a squatter can take several weeks to a few months. If you request the police remove a squatter, it can take considerably less time.
Can you forcibly remove someone from your property in Washington state?
You cannot forcibly remove a squatter from your property in Washington state. Instead you must go through the legal process and have law enforcement carry out the removal.
