Why Is Squatting Legal, and What Rights Do Squatters Have?

Squatters are taking over properties across the United States. As reports of illegal inhabitants occupying homes have drawn national attention, squatting has become a growing source of controversy. 

Over the past decade, cases of people occupying property without the owner’s permission have been on the rise due to increasing rent prices, housing shortages and vacant properties, and it’s become a major concern for landlords and homeowners alike. While the act of squatting may appear to be a criminal act that should be handled by the police, the laws surrounding squatting make it a much more nuanced situation. Squatting is often considered a civil matter and to get squatters out, formal eviction proceedings must be followed.

Depending on how a property was entered, how long a squatter has been there and what kind of measures they’ve taken to establish their occupancy, it can be incredibly difficult to demand them to vacate. While laws vary by state, squatters may establish tenant rights or even the ability to claim ownership of the property through a legal doctrine known as adverse possession.

But before things get to that point, some landlords call in a little extra help to reclaim their property.

Squatters host Flash Shelton, aka “The Squatter Hunter,” has used his legal knowledge and bold tactics to remove unauthorized occupants, allowing homeowners to take back what rightfully belongs to them.

Here’s everything to know about squatting and the rights of these illegal tenants. 

Squatting is considered a form of trespassing during which a person moves into a space they’ve neither purchased nor rented and remain there without permission in an attempt to gain possession. The term squatting covers a variety of different scenarios and can involve situations where a person or group takes over a vacant building, resides on a property against the owner’s will or inhabits a private home without a proper agreement. 

These squatters aim to remain in the space for as long as possible, with some taking extreme measures to do so. This includes producing fake documents, manipulating local laws or even using intimidation, per The New York Times. Others attempt to gain control of the property by changing their address on legal documents, setting up utilities in their name, paying property taxes or routing mail and bills to their squatting location. 

In the United States, the act of squatting has been an ongoing issue for hundreds of years, dating back as far as the 13 original colonies, according to Carnegie Mellon University professor Karen Clay. Amid overlapping property claims and uncertainty about property rights, illegal inhabitants were able to claim land from its original owners.  

But over the last several decades, squatting has become an even more prominent issue with legal battles against squatters on the rise. A recent analysis of court proceedings in the state of Georgia show that between 2017 and 2023, squatting-related civil court cases jumped from just three in a year to almost 200. Meanwhile, a report from New York City’s Department of Investigation revealed that between January 2022 and May 2025, there were 548 cases of squatting in vacant New York City Housing Authority apartments.

Almost anyone—not just landlords—can become victims of squatting, no matter their social or economic status. From trespassers taking over the homes of the elderly while they’re in the hospital to wealthy homeowners losing their property to squatters amid renovations, squatting's impact is becoming increasingly prevalent. 

Whether squatters legally have rights is a topic that is hotly contested and heavily depends on legislation in each state. Squatter’s rights often refers to the legal mechanism of adverse possession, which gives squatters the ability to claim ownership of property that is not their own if certain conditions are met. While modern-day squatters who are illegally trespassing use the doctrine to their advantage, it was initially created as a public policy to prevent neglected or unmaintained land. 

In order for a squatter to seek a property’s title through adverse possession, they must have maintained continuous possession of the property for a certain statutory period. That includes successive adverse possessors, who can compile their collective time at the property in order to qualify. The length of this time period varies by state and can be as short as five years and up to 30 years.

To obtain the title, a squatter’s possession of the property must also meet four other conditions: hostile, meaning their possession “infringes on the rights of the true owner"; open and notorious, meaning their possession is obvious to others around; actual, meaning they are actually in possession of someone else’s property; and exclusive in that they do not share control of the property with anyone else—unless in privity with themselves.

If these conditions are met, it’s possible for the squatters to legally obtain the property’s title, although several states have instituted additional requirements to make this process more difficult.

Even if squatters do not qualify for adverse possession, some states grant tenant protections for squatters after varying periods of continuous stay. In the state of California, squatters gain certain tenant protections after just 30 days, preventing landlords from “self-help” evictions like changing locks, removing belongings or shutting off utilities, according to real estate attorney Avi Sinai. 

These tenant protections vary by state and are designed to protect individuals from wrongful evictions but can make ejecting squatters from the property increasingly difficult. 

When property owners discover that they have squatters inhabiting their land, building or home, many are quick to contact the authorities. But often when police arrive on site, squatters claim to have a right to be there, whether that’s through falsified leases, legal documents with the property’s address, mail in their name or other evidence of ongoing possession. 

It quickly turns the matter into a more complex issue, and instead of removing trespassers, authorities are left with a civil matter on their hands. Since they may have trouble determining who truly has the right to occupy a property or who has legal ownership, the issue is turned over to the courts, requiring a formal civil eviction process. 

Removing a squatter requires formal eviction proceedings, which can sometimes be a lengthy and costly process. According to the American Apartment Owners Association, it’s best to start by contacting authorities to file a police report, providing evidence of an attempt to remove the squatter from the property.  

While the process varies by state, the illegal tenant must be served with a formal eviction notice. Should that notice be ignored or the situation continues to be unresolved, an unlawful detainer—or eviction lawsuit—must be filed, typically with the assistance of a lawyer. Eventually the case is seen by a judge who will rule whether the squatter must vacate. If ruled in favor of the property owner, they will receive a writ of possession, and police will escort the squatter off the premises. 

Although this can take time, numerous states have now enacted legislation that make it easier to expel squatters, according to the National Apartment Association. As of July 2026, 28 states have enacted laws addressing squatting, some which include an expedited ejectment process, a streamlined removal process and clearer statutory distinctions for unauthorized occupants.