Squatters Rights in Alabama & Adverse Possession Laws 2024

Driving up to your property only to spot a squatter is every landlord’s worst nightmare. The loss of rental income compounded by the cost of removing the unauthorized person is hard enough to deal with, but in some situations, squatters may even attempt to claim your property through a legal process called adverse possession. That’s why it’s critical to understand squatters rights in Alabama.

Luckily, lawmakers significantly overhauled the removal of squatters in 2024 with the passage of HB 182. The new legislation provides landlords with powerful tools to remove squatters quickly.

In this article, we’ll break down everything from these new changes to squatters rights to adverse possession and landlord-tenant laws in Alabama. Read on, and we’ll get you up to speed with Alabama regulations that enable landlords to evict squatters in as little as 24 hours.

Trespassers vs. Squatters

Understanding the difference between trespassers and squatters can help landlords appropriately address each type of individual.

• Trespassers enter a property illegally without permission but have no intent of staying long-term. Law enforcement can usually remove a trespasser with a simple report from the landlord.

• Squatters enter a property (usually illegally) to live in that dwelling long term, and they’ve never been in an Alabama lease agreement with the property owner. Once established, squatters can be much more difficult and expensive to remove.

Alabama has recently made removing a squatter much easier due to a new expedited process (which we’ll cover in detail below). However, removing a squatter while they’re initially trespassing on a landlord’s property remains one of the best ways to stop squatting.

Landlords should always be vigilant and closely monitor their property to report unwanted guests as soon as possible.

Legality of Squatting in Alabama

Squatting is illegal in Alabama. New legislation, HB 182, went into effect on June 1, 2024, clarifying this. The changes made by this bill have significantly reduced Alabama squatters’ rights, making Alabama one of the toughest states for squatting.

For example, new regulations added by HB 182 make squatters who enter a dwelling with the intent to commit a crime or intentionally cause over one thousand dollars of damages guilty of burglary in the third degree. If guilty, these acts are considered a Class C felony and can be punished with 1-10 years in prison.

Though Alabama has cracked down on squatters, landlords should still carefully monitor their properties and remove trespassers before they become squatters. If caught early, removing a trespasser is still easier than dealing with a squatting situation because law enforcement can quickly remove the offender.

Squatters Rights and Adverse Possession Laws in Alabama

Alabama squatter rights allow individuals to claim a landlord’s property through a legal doctrine known as adverse possession if they meet a stringent set of requirements.

Adverse possession laws exist everywhere in the country, but there is great variance between states and their specific laws. Landlords should understand Alabama’s specific guidelines to protect themselves from squatters.

How Alabama Squatters Can Legally Claim Property Through Adverse Possession

Despite new regulations significantly reducing squatters rights, HB 182 didn’t change adverse possession laws. Squatters are still able to claim a landlord’s property through adverse possession if they meet all of the following occupancy requirements: 

• Hostile: Squatters are on the property without the property owner’s approval.

• Actual: The property is used and improved like a normal tenant would.

• Open and Notorious: Squatters occupy the property openly and with the owner’s knowledge.

• Exclusive: The property isn’t shared with other squatters, tenants, or the landlord.

• Continuous: Squatters remain on the property for the duration of the statutory period (discussed below).

In addition to meeting these five requirements, squatters must fall under one of these two conditions (which are mutually exclusive):

• Adverse possession by prescription is guided by the common law standard of 20 years of occupancy, during which the squatter also meets all five of the requirements listed above.
• Statutory adverse possession is defined by Alabama Code § 6-5-200 and shortens the occupancy period to 10 years if the squatter has color of title and has paid property taxes during that period.

Losing property to a squatter is a nightmare scenario for a landlord. However, it’s challenging for squatters to meet all of these requirements in Alabama, and vigilant landlords can easily evict squatters before they ever reach the requirements for adverse possession. Below, we’ll discuss the legal ways landlords can evict squatters in Alabama.

Landlord Rights & Responsibilities

Landlords have the right to remove both trespassers and squatters from their properties. Often, squatters can be preempted by calling law enforcement during their initial trespass.

Once squatters establish themselves, Alabama landlords can have them removed through an expedited process that involves filing an affidavit with local law enforcement. If the landlord’s situation doesn’t qualify for expedited removal, they can file an eviction lawsuit to remove the squatter through a court order.

It’s illegal for landlords to attempt self-help evictions in Alabama by changing locks or shutting off utilities.

Squatters Rights & Responsibilities

Squatters have no special rights in Alabama. The recently passed HB 182 clarified that squatting is illegal and upped the penalties for squatters. However, the bill did not dismantle adverse possession, and it’s still legal and technically possible for a squatter to claim a landlord’s property through adverse possession.

How to Evict Squatters in Alabama

Recent regulatory changes have completely changed squatters rights in Alabama by giving landlords an expedited method of removing unauthorized individuals without having to file an eviction lawsuit.

House Bill 182 went into effect on June 1, 2024. Landlords in Alabama can now remove a squatter by submitting a sworn affidavit to the law enforcement agency in the county where their property is located. After 24 hours, local law enforcement will remove the squatter and may arrest and charge the individual for trespass, burglary, or theft if appropriate.

Sworn Affidavit Requirements

• The person filing the sworn affidavit is the landlord or property agent.
• A squatter has illegally entered and remains on the property.
• The squatter was not permitted to enter or remain on the property.
• The squatter cannot be a tenant or holdover tenant.
• Before filing the sworn affidavit, the landlord gave the squatter notice to vacate the property, and the squatter failed to do so.
• The squatter cannot be a family member of the property owner.
• There’s no pending litigation between the squatter and the property owner.

If all of these conditions are met, the landlord can file an Affidavit to Remove An Individual Unauthorized to Occupy Dwelling along with a copy of their identification, a copy of the notice to vacate that was served to the squatter, and the $50 filing fee.

Landlords who don’t qualify for the new removal system must go through an eviction lawsuit. The typical steps in an eviction lawsuit include giving a squatter an eviction notice, filing a complaint with the court, attending the eviction hearing, and having the squatter removed by a court-issued writ of execution.

Another alternative for landlords in Alabama is to use a cash-for-keys settlement, in which the landlord pays the squatter to leave.

Legal Help for Landlords in Alabama

Navigating Alabama’s squatter rights and adverse possession laws on your own can be confusing; landlords looking for legal advice can turn to these resources:

• Legal Services Alabama: Provide legal self-help documents, forms, and legal counsel for low-income individuals in Alabama.
• Alabama State Bar Lawyer Referral Service: This free telephone service helps landlords find an appropriate lawyer in their area.
• Alabama Free Legal Answers: Virtual legal advice clinics provide answers specific to a landlord’s civil legal issue from pro bono lawyers licensed in Alabama.

Preventing Future Squatter Situations

Landlords can often prevent squatters through a simple set of habits and upgrades to their properties:

• Upgrade security systems: Alarms help deter potential squatters, while cameras enable landlords to alert law enforcement of trespassers for timely removal.
• Visit properties often: Landlords who vigilantly monitor their properties (especially vacant units) are far more likely to spot and deter squatters on their properties. 
• Secure entryways: Trespassers often enter a dwelling through weak points like windows and doors—ensure that all entryways can lock and resist forced entry.
• Shut off utilities: While it’s illegal to force out an established squatter by shutting off power or heat, landlords planning to keep a property vacant long-term can pre-emptively shut off utilities to make the dwelling less attractive to squatters.
• Maintain properties: Make sure to repair damages and keep up with landscaping to give properties a “lived-in” appearance.

How Property Management Software Can Help

While the tips mentioned above can be a great deterrent, TurboTenant’s free property management software speeds up the tenant acquisition process and reduces vacancies. The result is less likelihood of dealing with squatters rights in Alabama.

Here are some of the tools available to landlords:

• Advertise your rentals for free on dozens of popular renter sites.
• Easily collect rental applications to find the perfect tenant match.
• Screen tenants with free background and credit checks to find reliable individuals who won’t break their lease early.
• Generate Alabama-specific leases that help protect landlords from early lease terminations.
• Use EZ Evict USA to simplify the eviction process by letting EZ Evict handle everything from serving notices to filing court documents and coordinating with local law enforcement.

Sign up for a TurboTenant account today. It’s free and can help you find new tenants, avoid lengthy vacancies, and even help handle stressful eviction cases.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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