Squatters in Rights Pennsylvania & Adverse Possession Laws 2024

Squatters occupy a property without permission from the owner. While this may seem straightforward, it can become complex due to legal intricacies and state-specific laws. In Pennsylvania, landlords face unique challenges when dealing with squatters.

This article will delve into Pennsylvania’s landlord-tenant laws, squatters rights in Pennsylvania, and adverse possession laws. We’ll explore the differences between trespassers and squatters, the legal implications of squatting, and how landlords can protect their properties.

Trespassers vs. Squatters

While both trespassers and squatters occupy property without permission, fundamental differences exist. Trespassers generally enter a property temporarily and without the intention of staying. Squatters, on the other hand, occupy a property for an extended period, often with the intent of claiming it as their own. One important note is that squatters must never have had a Pennsylvania lease agreement with the property owner.

Ultimately, landlords must address trespassers promptly before they can establish themselves as squatters and take advantage of squatters’ rights in Pennsylvania.

Legality of Squatting in Pennsylvania

Squatting is generally considered illegal in Pennsylvania. However, while considered illegal, squatters may claim legal property ownership after 21 years of continuous, uninterrupted possession. They must also meet additional requirements outlined in Pennsylvania law, specifically under Title 42 § 5527.1.

The legal consequences of squatters rights in Pennsylvania can vary depending on the specific circumstances. However, they generally include forceful eviction by law enforcement, trespassing charges, and potential property damage charges. These offenses are all punishable by fines and possible jail time.

Since squatters can technically claim property after 21 years, you must handle the situation quickly. Removing squatters as soon as possible can also prevent them from causing severe damage to your property.

Squatters Rights and Adverse Possession Laws in Pennsylvania

Adverse possession laws allow a person to acquire ownership of another person’s property if they meet specific possession criteria, which we’ll dig into below. In essence, if someone occupies a property without the owner’s permission for a long enough time, they may be able to claim it through adverse possession.

The specific requirements for adverse possession vary from state to state. With squatters rights Pennsylvania, a squatter must typically occupy a property for at least 21 years without interruption to claim it through adverse possession.

It’s important to note that adverse possession is a complex legal concept, and it’s generally advisable to consult with an attorney if you have questions or concerns about your property rights.

How Pennsylvania Squatters Can Legally Claim Property Through Adverse Possession

Adverse possession laws in Pennsylvania allow squatters to claim property under certain conditions. Losing a property to adverse possession is a worst-case scenario for Pennsylvania landlords, and while it’s extremely rare, it can happen.

If a squatter occupies a property openly, notoriously, continuously, and adversely for a specific period, they may be able to claim title to the property. However, these requirements are stringent, and landlords can take steps to prevent adverse possession claims.

How Pennsylvania Squatters Can Legally Claim Property Through Adverse Possession

To successfully claim property through adverse possession in Pennsylvania, you must meet the following criteria:

• Continuous Possession: The possession must be uninterrupted for the entire 21-year period.
• Actual Possession: The use of the land must be consistent with how an owner would use it.
• Open and Notorious: The possession must be visible and known to others so the actual owner can see that someone else is using the property.
• Hostile Possession: You must use the land without the owner’s permission.
• Exclusive Possession: You must treat the property as your own, excluding others from using it.

Key Considerations

• Time: The 21-year statutory period is strict. Any interruptions can reset the clock.
• Abandonment: Once you start adversely possessing the property, you cannot abandon it.
• Permission: Having the owner’s permission to use the land, even temporarily, can prevent you from claiming adverse possession. The adverse possession claim is invalidated if a Pennsylvania lease existed between the “squatter” and the landlord.

This process is long and complicated to prove, but Pennsylvania landlords must know it to prevent squatters from establishing a presence on their property.

Landlord Rights & Responsibilities

If a Pennsylvania landlord discovers squatters on their property, they have the right to do a few things, including:

• Serve the squatters with a notice to vacate, giving them 10-30 days to leave.
• File an eviction lawsuit against the squatters if they do not leave.
• Obtain a court order to have the Sheriff forcibly remove the squatters.

The owner should move quickly to remove the squatters before they can make an adverse possession claim.

Squatters Rights & Responsibilities

Pennsylvania squatters generally have no legal rights to occupy a property. While there are rare circumstances where a squatter might be able to claim ownership through adverse possession, this is a complex and lengthy process that requires meeting specific legal requirements.

It’s important to note that squatters are typically considered trespassers, and landlords have the right to evict them. However, squatters have rights to a specific notice period before eviction, and they cannot be forcibly removed by anyone other than the Sheriff after the landlord or property owner has obtained a court order.

How to Evict Squatters in Pennsylvania 

If you find someone unlawfully occupying your Pennsylvania property, you can take legal action to remove them. It’s important to note that self-help evictions are illegal in Pennsylvania, and a tenant can sue a landlord who engages in those methods, such as locking the tenant out of the rental unit or shutting off utilities.

Landlords looking to remove squatters will need to take the legal route. Here’s a breakdown of the eviction process:

1. Serve a Notice to Quit:

• Timeframe: Provide at least 10 days’ written notice demanding the squatters vacate.
• Delivery: Send the notice via registered mail and post a copy on the property.

2. File an Eviction Lawsuit:

• Court Action: Initiate a formal legal process by filing a complaint with the court.
• Legal Representation: While not required, consulting with an attorney can streamline the process.

3. Obtain a Court Order:

• Hearing: Attend a court hearing where the judge will decide in your favor or against you.
• Eviction Order: If successful, the court will issue an order requiring the squatters to vacate by a specific date.
• Sheriff Enforcement: If the squatters don’t comply, the Sheriff can forcibly remove them.

Important Considerations:

• Documentation: Have proof of property ownership readily available.
• Legal Assistance: Seeking legal advice can help ensure a smooth eviction process.

You can legally remove squatters from your property by following these steps and complying with Pennsylvania’s eviction laws.

This process is lengthy, however, so it might be worth exploring alternate ways of negotiating with squatters. Pennsylvania does allow cash-for-keys agreements as long as both parties agree to the terms and the correct procedures are followed. A cash-for-keys agreement is an alternative to eviction that can be less costly and time-consuming for both the landlord and tenant.

Legal Help for Landlords in Pennsylvania

Landlords dealing with squatters in Pennsylvania can seek legal advice from attorneys specializing in landlord-tenant law. Online resources are also available to help landlords understand their rights and responsibilities.

• Pennsylvania State Bar Association offers a lawyer referral service to help landlords find lawyers specializing in landlord-tenant law.
• PALawHelp.org offers a lot of resources on a variety of legal topics, including landlord-tenant law.
• TurboTenant’s Pennsylvania landlord-tenant laws page can help landlords sort out landlord-tenant relationships from a legal perspective.

Preventing Future Squatter Situations

Landlords can take proactive steps to prevent squatters from occupying their properties. This includes:

• Regular inspections: Inspect your property regularly to check for any unauthorized occupants.
• Secure vacant properties: Use solid locks and alarms to deter would-be squatters.
• Maintain communication with neighbors: Keep in touch with neighbors to be aware of any suspicious activity.
• Stay current with maintenance: Fix anything that’s broken, maintain the yard, and make the property look “lived-in.”

How Property Management Software Can Help

Everything above is great for educating yourself on squatters rights in Pennsylvania, but it’s best to use our free property management software to minimize vacancies and keep squatters away in the first place. Here’s how we help you:

• Rental advertising to find tenants quickly and keep properties occupied
• Collect rental applications digitally to streamline the renting process
• Tenant screening to ensure you pick renters with good rental histories
• Create Pennsylvania-specific lease agreements that protect your rental and deter lease-breaking
• Access to tools like EZ Evict USA that offer support through the eviction process

Sign up for TurboTenant today. It’s free, and you’ll instantly have a ton of great resources at your fingertips to help keep your properties occupied with trusted tenants and avoid squatters.

Pennsylvania Squatters Rights FAQs