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

Hey everyone, it's Cassandra Marx, also known as Realtor Cass, 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 Cass. 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.

Squatters and Adverse Possession in Washington

In Washington, squatters can 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, usually seven to ten years. This applies in all 50 states.

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 claim it through adverse possession.

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 a civil matter, not a criminal offense, unless the property owner discovers the squatter and demands they leave. At that point, the squatter becomes a trespasser.

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 lease. If not, the landlord can file an unlawful detainer lawsuit, making them trespassers, unable to claim adverse possession.

Do Squatters Need to Pay Property Taxes?

Yes, squatters must pay property taxes for at least seven uninterrupted years to make a legal claim of ownership.

Conditions for Adverse Possession

In Washington, a squatter must meet the following conditions to claim ownership:

• Hostile Claim: This can mean either mere occupation without knowledge of the true owner or awareness of trespassing.
• 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
  
  

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.

Evicting a Squatter in Washington

Unlike many states, Washington allows property owners to involve the police to remove squatters. Owners need to provide a declaration form stating:

• They are the property owner or representative.
• The squatter has no legal authority to occupy the property.
• The property was not abandoned when the squatter began living there.
  
  

If the squatter cannot prove their right to the property, they will be removed and may face criminal trespassing charges.

Exclusive Possession

A squatter must have exclusive possession of the land, meaning they cannot share it with other squatters, tenants, or the property owner to make a successful adverse possession claim.

While Washington's situation isn't as chaotic as Florida's, it's crucial to understand that squatters are only those who haven’t paid rent. Always use a licensed, professional property manager to avoid potential issues.

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 Marx, also known as Realtor Cass, a farmer with a wee little real estate problem. I hope you found this post informative. Until next time, bye!