If you're a property owner, one of your worst nightmares is to have a squatter take up residence in your home. Across the country, the fear of squatters is on the rise. This fear is multiplied if you're a landlord needing to protect your income.
Squatters in Virginia are no less of a problem here than anywhere else in the country. As a rental property owner, you must have an understanding of property laws that affect this issue.
When an unauthorized occupant takes up residence on your property, what steps can you take to get them out? Better yet, how can you avoid this issue altogether?
In our guide, we'll answer those questions. To start, let's dive into Virginia squatter's rights and the laws surrounding them.
What are Squatters Rights in Virginia?
Squatters can be classified as any person residing in someone else's property without the consent of the legal owner. In most cases, this happens because a person seeking a place to live finds a vacant property and finds their way inside.
For rental property owners, these situations can be resolved with assistance from law enforcement. However, some squatters are more stubborn than this. This is where the concept of adverse possession comes in.
Adverse possession, also known as squatter's rights, is when a person attempts to claim legal ownership of a property they have had continuous possession of. Even if the land belongs to someone else, a person can claim adverse possession by meeting certain requirements.
Even though it's rare for a landlord to run into an adverse possession claim, it's still important to understand Virginia law to protect yourself from all squatting instances.
Requirements for Adverse Possession Claims in Virginia
While the thought of a squatter laying legal claim to your property is scary, Virginia adverse possession law lays out very strict criteria that a person would need to meet to make a legitimate claim. Here's what a squatter needs to prove adverse possession in Virginia:
Continuous Possession: The squatter must occupy the property for 15 consecutive years.
Hostile Possession: They are living on the property without the legal owner's permission.
Actual Possession: The squatter must prove they treat the property as if they own it. This means they must have documented maintenance or improvements that they performed or paid for.
Exclusive Possession: Requires the squatter to be the only person living in the property.
Open and Notorious Possession: Makes it so the squatter must make their habitation obvious and known to others.
The Role of Color of Title in an Adverse Possession Claim
A person attempting an adverse possession claim in Virginia is seeking to establish a "Color of Title." Color of Title means that a person can claim ownership of a property but is missing legal documents. A simple way to avoid this is to pay property taxes. Property taxes might seem like a no-brainer, but they go a long way towards proving who owns a property.
Clearly, adverse possession laws in Virginia make it extremely difficult for a squatter to gain legal ownership this way. However, their existence does make it trickier to remove a squatter when they attempt this hostile claim.
Removing Squatters From Your Property
The good news for you as a landlord is that in most cases, your rental unit won't have been vacant for very long when a squatter moves in. In these instances, simply calling law enforcement will often cause them to vacate.
But what about if a squatter claims adverse possession of your rental? While you'll always have legal recourse to remove them, adverse possession laws make this process a little more complicated.
The Steps in the Eviction Process
In these scenarios, the first step is to serve the squatter with an eviction notice. This gives them 5 days to vacate the unit.
If they don't respond to the eviction notice or law enforcement, your next step is to take legal action through a qualified attorney. You can seek an eviction lawsuit through the judicial eviction process or a lawsuit for trespassing on private property.
In the event of an especially stubborn squatter, this process would eventually lead to a court order that would force them to vacate.
While these scenarios are rare, it's important to understand every legal recourse you have. Our biggest piece of advice would be not to try self-managing your rental. A property manager can help you be proactive in avoiding a snowballing situation.
Preventing Squatters in Virginia
There are several measures you or your property manager can implement to prevent squatters. They include:
Perform regular inspections on your rental, even if they're vacant. This will catch squatters before they've had time to establish themselves in an unoccupied property.
Post no trespassing signs on your property. This might seem like a simple step, but they do work in informing potential squatters that a property is monitored and scaring them off.
Install security systems, strong locks, and other measures on the building to prevent people from entering unwarranted.
Maintain a consistent visible presence on the property when vacant. Squatters aren't going to enter a property that they know is regularly checked on.
How Property Managers Protect Against Squatters
The best suggestion we can give towards your efforts to prevent squatters is to hire a reputable, trusted property management company. While property managers can't represent you in court, they can take all the necessary steps in handling squatters in a much more efficient way.
Property management on your side means you'll have a team of experts in the field who can implement all the measures necessary to avoid squatters in your property. This includes:
Staying on top of inspections regularly so you don't have to worry about constantly checking your property.
Improving your property against squatters, such as blocking off potential entryways and changing locks.
Managing existing tenant relations when squatting problems occur.
Contacting local law enforcement when a squatter is found.
Utilizing their expertise to guide a landlord through the process of removal.
It can be easy to let emotions run high when you find a squatter in your vacant rental. A property manager will be able to handle the situation with a level head while being proactive against the possibility of squatters.
Our Experience With Squatters
Here at Chambers Theory, we've had our fair share of experience dealing with squatters for our property owners.
In the past few months, we had a squatter gain access to an owner's vacant rental through a doggy door. This was just before a new tenant was planned to move into the unit. We discovered the squatter when coming to do a small repair and immediately contacted law enforcement. The squatter fled at this point, so we placed a plastic insert on the doggy door at the client's request.
2 days later, our inspector arrived at the property to perform the pre-move-in walk-through. the squatter had returned, unfortunately. Law enforcement caused them to vacate again, but we knew extra measures were needed.
We bolted plywood to the doggy door and made plans with the owner's consent to replace the door entirely. This would remove this access point from any squatters moving forward. We also had the locks changed on the property. Finally, we notified the incoming tenants and handled making them feel assured that the situation was mitigated.
Resolutions for Virginia Property Owners
From our own experience, your best option for dealing with the rise in squatters is to have a property manager on your side. Beyond just squatters, property managers can also provide solutions in the day-to-day operations of your rental and financial planning for getting the most out of your investment.
If you're looking for a quality property manager in Northern Virginia, Chambers Theory is here for you. We've built a special operations command model designed to deliver the highest quality results in an ever-changing rental landscape.
We offer a full suite of services for property owners like you to protect and grow their property investments. Explore more of what we have to offer today.
