What are a squatter’s rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a squatter’s rights?
I moved into a house. I’ve been here for more than 3 days without the landlord’s consent. I’ve done many improvements to the house while here and now he is trying to get me for trespassing. Are there any rights for “squatters”? And what recourse do I have?
Asked on June 21, 2012 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Some European nations have "squatter's rights"; however, the United States does not. A "squatter" in the U.S. is better known by a different term: "trespassser." You have no rights whatsover to be in that property, and the landlord may have the police remove you as a trespasser; even if the police refuse to act (and note--they should act), believing that they need a judge to rule on this situation and confirm that you have no right to be there, then you could still be evicted by court officers after an eviction or ejectment proceeding.
Having made improvements gives you no rights--you cannot get rights to another's property by improving it without his/her consent--and you don't even have any rights to your improvements--you effectively gifted them to the landlord.
If you damage the premises, you could be sued for compensation and/or jailed for vandalism or destruction of property.
In short, you have no rights in this situation and no recourse. You will have to go if the landlord wants you out. You best and only bet is to negotiate with the landlord--maybe he will allow you to rent it at a very favorable rate in exchange for you continuing to make improvements to it; or if not, if your improvements are good ones and you're skilled, maybe you can get him to hire you to do handyman and construction work.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.