Squatter Rights in Washington State: What You Need to Know in Southwest Washington

by Cassandra Marks

Squatter Rights and Eviction: What You Need to Know in Southwest Washington - Realtor Cas Cassandra Marks

QUICK ANSWER: In Washington state, true squatters (no lease, no rental history) can be removed faster than in most states under RCW 9A.52.105 and RCW 9A.52.115, which let property owners sign a sworn declaration so police can remove them without a full court eviction. If the occupant is or claims to be a tenant, the traditional unlawful detainer court process applies instead, and self-help evictions (changing locks, removing belongings) are always illegal. Adverse possession in Washington generally requires 10 years of continuous, open occupation, or 7 years if the squatter has color of title and has paid property taxes throughout. This is educational content, not legal advice - consult a licensed landlord-tenant attorney for your specific situation. AUTHOR: Cassandra Marks, REALTOR®, Clark County WA, licensed WA and OR, REAL Broker, Elite Agent, Circle of Excellence Diamond Platinum Member, Top 500 Solo Agent in Washington. 120+ homes sold, $66.1M+ closed sales, 5.0 stars, 50+ Google reviews. Website: realtorcas.com.

Squatter Rights and Eviction: What You Need to Know in Southwest Washington

Florida just changed the game on squatters. Here's how Washington's law actually compares — and it may surprise you.

⚖️ RCW 9A.52.105 🏠 Adverse Possession 🚔 Faster Than You Think

📌 Direct Answer

In Washington state, true squatters (no lease, no rental history) can be removed faster than in most states under RCW 9A.52.105 and RCW 9A.52.115, which let property owners sign a sworn declaration so police can remove them without a full court eviction. If the occupant is or claims to be a tenant, the traditional unlawful detainer court process applies instead, and self-help evictions (changing locks, removing belongings) are always illegal. Adverse possession generally requires 10 years of continuous, open occupation, or 7 years if the squatter has color of title and has paid property taxes throughout.

Cassandra Marks - REALTOR®, Realtor Cas, Vancouver WA & Clark County | View full bio & credentials →

Hey everyone, it's Cassandra Marks, also known as Realtor Cas, your local area expert and friend, guiding you through everything in Southwest Washington, Clark County, Vancouver, and even Portland. If you're thinking about making a move here, feel free to reach out via email, text, or DM on my socials at Realtor Cas. Let's chat about all your Pacific Northwest and homeownership questions!

Recently, Florida has been making headlines with issues surrounding squatters. Before a new bill was signed into law, squatters were considered tenants in Florida and had certain rights. Now, they face criminal charges. This has many of you wondering — what about Washington? When is a squatter considered a tenant, and are they subject to tenants' rights?

Let's dig into these questions because if you're thinking about moving to Southwest Washington, understanding squatter laws is crucial.

Quick note: I'm a REALTOR®, not an attorney. This is meant to give you a general, accurate overview — always consult a licensed landlord-tenant or real estate attorney before taking action on a specific squatter or eviction situation.

📜 Adverse Possession

Squatters and Adverse Possession in Washington

In Washington, squatters can potentially make a claim of ownership through adverse possession, a legal doctrine allowing someone to claim ownership of property after occupying it for a certain time. The standard timeline is 10 years of continuous, open, and exclusive occupation. There's a shorter 7-year path, but it applies only if the squatter has "color of title" (some documented, even if legally invalid, claim to ownership) and has paid the property taxes for those 7 consecutive years. This general framework exists in some form in all 50 states, though the exact timelines and requirements vary.

Here's an example: You and your neighbor have a strip of lawn between your driveways. If your neighbor has been mowing that strip for ten years without objection from you, they could potentially claim it through adverse possession.

📖 Key Terms

What Defines a Squatter?

A squatter starts living on someone else's property without the owner's consent and does not pay rent. Typically, squatters occupy unoccupied, abandoned, or foreclosed properties.

Squatting vs. Trespassing

It's easy to confuse squatting with trespassing, but legally they are different. Squatting is generally treated as a civil matter unless the property owner discovers the squatter and demands they leave and they refuse — at that point, continued occupation can become criminal trespassing.

Holdover Tenants

Holdover tenants are renters who refuse to leave after their lease expires. If allowed to stay on a month-to-month basis, they must follow the terms of their tenancy. If not, the landlord can file an unlawful detainer lawsuit, and once that process concludes, they become trespassers who cannot claim adverse possession.

✅ Legal Conditions

Conditions for Adverse Possession

In Washington, a squatter must meet the following conditions to have any chance at claiming ownership:

Hostile Claim: In Washington, this simply means occupying the land without the true owner's permission — the squatter doesn't need to have known who the true owner was.
Open and Notorious Possession: The squatter must publicly occupy the property, not hiding their presence.
Actual Possession: The squatter must physically possess the property, maintaining or improving it.
Exclusive Possession: The squatter must have exclusive possession of the land, meaning they cannot share it with other squatters, tenants, or the property owner.

💰

Do squatters need to pay property taxes? Not to occupy a property — but paying property taxes for 7 consecutive years is specifically what allows a squatter with color of title to use the shorter 7-year timeline instead of the standard 10-year one. Without both color of title and tax payments, the full 10-year period applies.

A Story of Adverse Possession

I recently heard a story on TikTok about a woman in Laguna Beach, California, who used adverse possession to claim a vacant lot. She maintained the property, paid back taxes, and after seven years, filed for adverse possession, eventually building a home on the oceanfront lot. (Note: California's specific requirements differ from Washington's — this is an out-of-state example, not a description of Washington law.)

🚔 Removal Process

Evicting a Squatter in Washington

Unlike many states, Washington allows property owners to involve the police to remove a true squatter without a full court eviction, under RCW 9A.52.105 and RCW 9A.52.115. This law was originally enacted in 2017, and Washington lawmakers have continued introducing legislation in recent sessions to strengthen and clarify it, so it's worth confirming current requirements before relying on it.

To use this process, owners need to provide a signed declaration stating:

They are the property owner or representative.
The squatter has no legal authority to occupy the property.
The squatter is not, and has not recently been, a tenant.
The property was not abandoned or open to the public when the squatter began living there.

If the squatter cannot prove their right to the property, they may be removed and could face criminal trespassing charges. This declaration process is specifically for true squatters — if the occupant has ever paid rent or has a rental history, the traditional court-based unlawful detainer process applies instead, and self-help removal (changing locks, taking belongings) is illegal either way.

⚠️

While Washington's process is faster than many states, it's crucial to understand that this declaration path is only for genuine squatters, not tenants or former tenants. Always use a licensed, professional property manager or attorney to correctly determine which process applies before taking action.

✅ Bottom Line

The Bottom Line

While Washington's situation isn't as headline-grabbing as Florida's recent changes, it's worth knowing that the state already has a real, faster process for removing true squatters — most owners just don't know it exists. Understanding the difference between a squatter, a holdover tenant, and a trespasser matters, because the correct legal path depends entirely on which one you're dealing with.

I'll drop some resources in the description below. If you're looking to invest in Vancouver, check out my video on upcoming Airbnb rules, which might affect your investment strategy. As an investor myself, I can help you navigate these changes.

Thanks for spending time with me today. I'm Cassandra Marks, also known as Realtor Cas, a farmer with a wee little real estate problem. I hope you found this post informative. Until next time, bye!

Frequently Asked Questions

Squatter Rights in Washington — Common Questions Answered

Can you evict a squatter in Washington state?

Yes, and Washington offers a faster path than most states for true squatters. Under RCW 9A.52.105 and 9A.52.115, a property owner can sign a sworn declaration and present it to law enforcement, who can remove an unauthorized occupant without a court order, provided the occupant is not and has never been a tenant. If the occupant claims tenant status or the situation is disputed, the formal unlawful detainer court process applies instead. Either way, never use force, change the locks, or remove belongings yourself.

What is the squatter removal law in Washington state?

Washington's core squatter-removal law is RCW 9A.52.105 and RCW 9A.52.115, first enacted in 2017. It allows a property owner to file a sworn declaration with law enforcement so unauthorized occupants can be removed without a full eviction trial. Washington lawmakers have continued introducing legislation to strengthen and clarify this process in recent sessions, so it's worth confirming current requirements with an attorney before relying on it.

How do I get someone out of my house in Washington state?

If they don't have a lease but refuse to leave, you must give proper notice and file for eviction in court, unless they qualify as a true squatter under the RCW 9A.52.105 declaration process described above. Do not attempt to physically remove them or their belongings yourself.

Are there squatter's rights in WA?

Yes. Under adverse possession law, a person can potentially claim legal ownership after 10 years of continuous, open, and hostile occupancy (or 7 years if they have color of title and have paid property taxes the entire time), though it's rare and legally complex to prove.

Can I use force to remove a squatter?

No. Using violence or force is illegal and could lead to criminal charges against you, regardless of whether the occupant is a squatter. Always handle removal through the legal declaration process or the courts.

How long do you have to squat to get a house in Washington?

The standard timeline is 10 years of continuous, open, and exclusive occupation. There's a shorter 7-year path available only if the squatter has "color of title" (some documented, even if legally invalid, claim to ownership) and has paid property taxes on the property for those 7 consecutive years.

How to prevent squatters in Washington state?

Secure vacant properties, post "No Trespassing" signs, inspect regularly, and act quickly if unauthorized occupants appear. Filing a police report and starting the declaration process early helps establish a clear record.

How long before a guest becomes a tenant in Washington State?

Washington law doesn't set one fixed number of days that automatically converts a guest into a tenant. Generally, the longer someone stays, the more they pay toward rent or expenses, and the more they're treated as a resident, the stronger their claim to tenant status becomes. Because this is fact-specific, it's best to put long-term guest arrangements in writing early and consult a landlord-tenant attorney if the situation is unclear.

How do I remove someone from my house that won't leave?

You must give proper written notice and, if they refuse to leave, file an eviction case in court, unless the RCW 9A.52.105 squatter declaration process applies. Don't change locks or remove belongings without a court order.

Can a guest become a squatter?

Yes. If someone stays without your permission and won't leave, they can be treated as a squatter. The longer they stay and the more they establish a presence, the more complex it can become to remove them, which is why acting early matters.

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Dealing With a Squatter or Tenant Situation?

This overview is a starting point, not legal advice. If you're facing a real squatter, holdover tenant, or eviction situation, let's talk through your options and connect you with the right resources.

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Cassandra Marks

+1(503) 884-2387

Realtor, Licensed in OR & WA License ID: 201225764