Squatters Rights in Connecticut & Adverse Possession Laws 2024

When it comes to unique property management challenges like squatters rights, Connecticut property owners should be aware of and up-to-date on how it all works. Squatters on a landlord’s property can result in potential loss of rental income, property damage, and costly eviction proceedings, so understanding your rights in these situations is crucial.

But just because someone might be staying on your property without your permission, that doesn’t mean they can easily claim squatters rights and take ownership. Instead, a person must claim “adverse possession” to make a squatting claim, which is a legal guideline that dictates how squatting works in Connecticut.

In this article we’ll look closely at squatters rights, Connecticut landlord-tenant laws that discuss them, and how adverse possession can be used to take ownership of a property. Read on to learn how you can protect yourself and your investments.

Trespassers vs. Squatters

Both trespassers and squatters occupy a property without the owner’s permission, but there are key distinctions between each.

A trespasser is someone who enters a property without permission without the intent to occupy the property for an extended period of time. Landlords have a legal right to remove trespassers immediately by contacting law enforcement and do not have to file an eviction claim.

On the other hand, a squatter is someone that does intend to stay on the property long-term and often makes an attempt to secure the property by changing locks or securing windows, as well as making improvements to the property.

Because there’s usually some haziness around trespassing vs. squatting, it’s crucial that landlords keep a close eye on their properties and address any potential trespassing immediately as to avoid the need to start eviction proceedings, which can take months to complete.

Legality of Squatting in Connecticut

Squatting is not legal in Connecticut, however squatters do maintain certain rights under the law and their removal can sometimes be tricky.

If someone has been occupying your property against your wishes or without your knowledge for a very short period of time, it’s likely that local law enforcement can forcibly remove and arrest them as trespassers. However, if the length of stay on the property is longer than that, it’s possible that you’ll have to proceed through eviction proceedings which can take months until the offending party is removed from the property. There’s not a specific timeframe in Connecticut that dictates the type of removal necessary, so it’s important to regularly check in on vacant properties.

Squatters Rights and Adverse Possession Laws in Connecticut

In defining squatters rights, Connecticut law outlines that to take ownership of a vacant property, the occupier will have to do so through a process called “adverse possession.” Adverse possession is a set of guidelines that outlines how a person can take ownership of a property that they occupy without the permission of the owner.

Each state views adverse possession differently, so it’s important to understand what your local laws say to avoid claims on your properties.

How Connecticut Squatters Can Legally Claim Property Through Adverse Possession

The likelihood that your property will be scooped up by squatters through adverse possession is unlikely and definitely the worst case scenario in situations like this.

Luckily it’s difficult for a squatter to prove adverse possession since Connecticut law sets the bar for proving it quite high and gives landlords ample time to know who might be on their property.

Squatters rights in Connecticut, specifically law CS § 52-575, outline how to file a claim for adverse possession, and that the squatter must demonstrate the following types of property possession:

• Open and Notorious: Occupation of the property must be obvious to everyone, including the property owner. The squatter cannot occupy the property in secret for this to apply.
• Actual: The squatter must physically occupy the property and use the property as an owner would by actually living there.
• Exclusive: No one but the squatter can have exclusive control of the property and are not sharing it with the public, the property owner, or anyone else.
• Hostile: The occupant must possess the property with the intent to claim it as their own and without the permission of the legal property owner.
• Continuous: The squatter must occupy the property continuously for a set period of time, which in Connecticut is 15 years.

As stated above, adverse possession can only be claimed once the squatter has continuously occupied the property for at least 15 years. This must be continuous since once the squatter leaves the property for a period of time and returns, the timeline will reset.

At this point the squatter would:

• Gather evidence for the claim, including mail addressed to the property in their name or property tax receipts if they’ve paid them.
• File a quiet title complaint the court to claim ownership.
• Process the claim through the court system, including attending a hearing in front of a judge to convince them of their ownership claim.

Landlord Rights & Responsibilities

As the legal property owner, landlords do enjoy certain rights and responsibilities in regards to squatters on their properties.

• Landlords have the right to evict squatters. More on this below.
• Landlords also have the right to protect their property. This can be done by preventing access like changing locks and securing windows or putting up fencing.
• Landlords also have the right to seek damages in civil suits against squatters and trespassers.

At the same time, landlords have the responsibility to:

• Follow all local laws and guidelines. Landlords should never attempt to self-evict a squatter, and instead should pursue legal remedies. Instead of pursuing legal eviction, landlords could opt to offer a squatter money to leave the premises in a “cash-for-keys” understanding.

Squatters Rights & Responsibilities

Other than a claim for adverse possession, Connecticut squatters rights outline that squatters don’t have any specific rights granted to them by law. However, like any citizen, they have the right not to be forcibly removed by a landlord, and instead to follow the eviction process.

At the same time, squatters are subject to trespassing laws like everyone else and just because they intend to pursue adverse possession, does not mean they are allowed to damage or harm a property due to that intent.

How to Evict Squatters in Connecticut

If you’ve identified a squatter on your property, you’ll likely have to follow the full eviction process according to local laws. Self-help evictions, or evictions you handle yourself by forcibly removing a tenant or disconnecting all utilities and changing locks, are not legal and should never be performed by a landlord.

Instead, here is the process landlords should take to evict a squatter:

• Serve a “notice to quit” to the squatter. This is a written notice to the squatter that they must vacate the property within three days.
• If the notice period has expired, the landlord should file an eviction lawsuit with the court, called a “Summary Process Complaint”.
• Serve the complaint to the squatter. This notifies the squatter of the legal action and provides the court date for the hearing.
• Attend the court hearing. Both the squatter and the landlord will have an opportunity to present their cases and if the landlord wins, the squatter will be served an eviction notice.
• File the eviction order. Once the order has been received, filing the order with the local sheriff’s department will allow them to proceed with the physical eviction.
• Evict the squatter. Once the date of the eviction has been set, the sheriff will physically remove the squatter and their belongings from the property, completing the eviction.

Legal Help for Landlords in Connecticut

When dealing with questions of squatters rights, Connecticut has some legal resources that are available to answer questions or provide guidance in squatting situations.

• Connecticut Property Owners Alliance (CTPOA): The CTPOA is a network of property owners, real estate agents, and landlords that provides resources, workshops, and networking for landlords.
• Connecticut Apartment Association (CTAA): The CTAA has educational resources about all kinds of landlord-tenant issues, including in the area of squatting and evictions.
• Connecticut Judicial Branch: An official part of the Connecticut government offers mediation programs that could provide an alternative to eviction through a mediation process including both landlord and squatter.

Preventing Future Squatter Situations

Luckily there’s a lot a landlord can do to prevent squatting situations before they’re out of control:

• Regularly inspect your properties: Setting eyes on the property on a regular basis allows landlords to know when something is amiss and can discourage potential squatters as they see visible property activity.
• Secure the property: Make sure all doors, windows, and entry points are secured and consider an alarm system or cameras for extra security.
• Maintain the property: A well-maintained lawn and general upkeep discourages people from even knowing a property is vacant, let alone a prime location for squatting.
• Hire a property management company: If you live far from your property, a fellow landlord, real estate agent, or local property management company can check in on the property and make sure it’s regularly maintained.
• Keep vacant units rented as much as possible: The best way to secure a vacant unit is to not let it go vacant at all. Try to keep tenants in your units as much as possible, both for regular income and for limiting the potential for squatters.

How Property Management Software Can Help

One of the best ways to avoid squatters is to keep your units full of rent-paying tenants. TurboTenant syndicates rental advertising to dozens of the most popular listing sites out there, ensuring your listings are seen by the most qualified tenants available.

As a fully-featured property management software, TurboTenant provides landlords with tools to streamline tasks and keep your tenants happy. TurboTenant offers:

• State-specific and legally reviewed lease agreements, including for Connecticut.
• Comprehensive tenant screening services and rental applications that can be completed online or through a mobile app.
• TurboTenant partners with EZ Evict USA, an eviction management software that helps landlords track and navigate the sometimes complicated eviction process.

Whether or not you have questions or concerns about squatters rights, Connecticut landlords should consider a property management software like TurboTenant to help streamline and manage all aspects of property ownership and rentals. So sign up for a free account today and save time, money, and hassles today.

Connecticut Squatters Rights FAQs